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STATE OF WASHINGTON 



LAWS 



RELATING TO 



FISH, OYSTERS=?GAME 



1911 



COMPILED BY 



JNO. L. EISELAND 

FISH COMMISSIONER AND GAME WARDEN 

BELLINGHAM, WASH. 




INDEXED 



Qlympia, Wash,: 

E. L. BdABDMAtt, Public Printer 

1911 



\ / 

STATE OF WASHINGTON^ 
LAWS ^35 

RELATING TO 

( FISH, OYSTERSm?GAME 

1911 



COMPILED BY 



JNO. L. KISELAND 

FISH COMMISSIONER AND GAME WARDEN 

BELLINGHAM, WASH. 



INDEXED 



Olympia, Wash,: 

E. L. BOARDMAN, PUBLIC PRINTER 
1911 



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FISH COMMISSIONER. 



1. Appointment and Term of Fish Commissioner. 

There shall be appointed by the Governor, by and with 
the advice and consent of the Senate, one competent person 
who shall be denominated the Fish Commissioner, whose 
term of office shall continue four years from and after the 
first Monday in March after his appointment, and until his 
successor be appointed and qualified. (2 Rem. & Bal. Code, 
§ 5150.) 

(See section 15 et seq. — "Fish Commissioner.") 

2. Commissioner Shall Give Bond. 

Before entering upon his duties said Fish Commissioner 
shall file with the Secretary of State a bond (with five or 
more sufficient sureties, and in the sum of five thousand 
dollars, conditional that he will discharge his duties under 
this chapter faithfully. (2 Rem. & Bal. Code, § 5151.) 

("Chapter" refers to sections 1-14.) 

3. Appointment of Deputies — Term of Office. 

Said commissioner may appoint three deputies, to be 
known as deputy fish commissioners; they shall hold their 
offices, respectively, during the pleasure of the Fish Com- 
missioner, who may summarily remove any one of their 
number whenever, in his judgment, he shall deem such a 
change for any cause advisable. (2 Rem. & Bal. Code, 
§ 5152.) 

(County deputies — See section 12.) 

4. Duty of Fish Commissioner. 

It shall be the duty of the Fish Commissioner to give his 
entire time and attention to the fishing interests of the 
State of Washington, and by and with the help of his depu- 



4 State of Washington 

ties, see that all laws for the propagation, protection and 
preservation of food fishes and oysters in the public waters 
of the State of Washington, whether entirely or partially 
within the state boundaries, are enforced and, if necessary, 
to select and purchase suitable land, build, operate and 
manage thereon fish hatcheries for the purpose of supply- 
ing said waters with young fish; to employ necessary and 
competent men to successfully carry on said hatcheries. 
It shall also be the duty of the Fish Commissioner to ex- 
amine into all complaints made to him by councilmen of 
cities or county commissioners, regarding dogfish or de- 
cayed fish, which are injurious to the fishing industries or 
dangerous to the health of the inhabitants, and, if neces- 
sary, abate said nuisance. (2 Rem. & Bal. Code, § 5153.) 

5. Cannery Inspection. 

The Fish Commissioner of the State of Washington and 
his deputies are hereby authorized to inspect all canneries, 
boats, nets, wheels, traps and other appliances, and all 
property used in the catching and packing of fish, or in 
the fish industry, for the purpose of enforcing the fish laws 
of the State of Washington, and to that end said commis- 
sioner and his deputies are authorized to enter on said 
property and make inspection thereof. (2 Rem. & Bal. 
Code, §5154.) 

6. Arrests. 

The Fish Commissioner and his deputies shall have au- 
thority to arrest without writ, rule, order or process any 
person in the act of committing a crime in violation of the 
fish laws of this state, and they are hereby made peace 
officers of this state for that purpose. (2 Rem. & Bal. Code, 
§ 5155.) 

7. Punishment for Resisting an Officer. 

If any person knowingly and wilfully resists or opposes 
such officer in the discharge of his said duties, he shall be 



Fish, Oyster and Game Laws 5 

punished by imprisonment in the county jail not exceeding 
one year, or by fine not exceeding one thousand dollars nor 
less than fifty dollars, or by both fine and imprisonment, at 
the discretion of the court. (2 Rem. & Bal. Code, § 5156.) 

8. Commissioner Shall Report. 

Said Fish Commissioner shall annually on March 
31st report to the governor of this State a full account of 
his actions under this act; also of the operations and re- 
sults of the laws pertaining to the fish and oyster indus- 
tries, the methods of taking fish, the number of young fish 
hatched, and where distributed, amount of expenses in- 
curred, and make suggestions as to needs of future legis- 
lation, if any, and full statistics of the fishing and oyster 
business. (2 Rem. & Bal. Code, § 5157.) 

9. Commissioner and Deputies — Compensation of. 

The Fish Commissioner shall receive an annual salary 
of two thousand four hundred dollars to be paid in monthly 
installments by the state treasurer, and he shall be allowed 
his actual expenses of travel in the performance of his 
duties not to exceed one thousand dollars in any one year. 
The deputies shall receive a salary of fifteen hundred 
dollars each per year to be paid in monthly installments 
by the state treasurer, and they shall be allowed their 
actual expenses of travel in the performance of their duties, 
not to exceed six hundred dollars per annum each. The 
general superintendent of hatcheries shall receive a salary 
of eighteen hundred dollars per annum to be paid in 
monthly installments, and he shall be allowed his actual 
expenses of travel in the performance of his duties not to 
exceed nine hundred dollars per annum. (2 Rem. & Bal. 
Code, § 5158.) 

10. Instruction to Deputies — Bonds. 

Each deputy fish commissioner shall give bonds in the 
sum of two thousand dollars, conditioned on the faithful 



6 State of Washington 

performance of their duties respectively, such bonds to be 
subject to the approval of the Fish Commissioner. The 
Fish Commissioner shall issue to his deputies such gen- 
eral and special orders and instructions in the execution 
of their duties under the law as he shall deem necessary; 
and he shall assign one deputy to duty in the lower Puget 
Sound district, and one in the Columbia river district; 
the third deputy being assigned to office duty and shall 
be considered the office deputy; but the above assignment 
shall not relieve, any deputy from the performance of duty 
in any other part of the state when his services may be 
needed. (2 Rem. & Bal. Code, § 5159.) 

11. Attorney General — May Assist Commissioner. 

The Fish Commissioner shall have authority to apply to 
the Attorney General for his official opinion upon any ques- 
tion touching the construction and interpretation of the 
statutes, and the duties of the Fish Commissioner under 
the statutes for the protection of fish and oysters, wherein 
he shall need legal advice; and the Attorney General may, 
in his discretion, furnish from his office such official legal 
assistance as he may deem useful in the conduct of any 
suit brought by the Fish Commissioner, in pursuance of 
the provisions of the laws for [the] protection of fish and 
oysters. (2 Rem. & Bal. Code, § 5160.) 

12. May Appoint Special County Deputies. 

The Fish Commissioner is hereby authorized to appoint 
a special deputy in each county of this state, who shall be 
a resident of the county for which he shall be appointed, 
such special deputy to see that the fish laws of the state 
are observed within the county for which he shall be ap- 
pointed. (2 Rem. & Bal. Code, § 5161.) 

(State deputies — See section 3.) 

13. Compensation of Special County Deputy. 

Such special deputy shall receive as his compensation 
one-half of all fines recovered upon prosecution procured 



Fish, Oyster and Game Laws 7 

by him for violation of the fish laws of this state, and shall 
receive no other compensation. (2 Rem. & Bal. Code, 
§ 5162.) 

14. Expenses. 

All expenses incurred under the provisions of this chap- 
ter shall be audited by the State Auditor, upon bills being 
presented, properly certified by the Fish Commissioner, 
and the said auditor shall, from time to time, draw war- 
rants upon the State Treasurer for the amount. (2 Rem. 
& Bal. Code, § 5163.) 

("Chapter" refers to sections 1-14.) 

STATE FISH HATCHERIES. 

15. Board of Fish Commissioners Created. 

The Governor, State Treasurer and Fish Commissioner 
are hereby created a board of fish commissioners ex-officio. 
(2 Rem. & Bal. Code, § 5164.) 

16. Fish Hatcheries — Establishment and Control. 

It shall be the duty of the fish commission created by the 
provisions of the last preceding section to procure a suitable 
site or suitable sites for one or more state fish hatcheries, 
to provide for the creation of such state fish hatchery or 
hatcheries, and to supervise the management and control 
of the same. (2 Rem. & Bal. Code, § 5165.) 

17. Location of Hatcheries. 

The site for the first state fish hatchery shall be upon 
the banks of the Columbia river or one of its tributaries, 
and shall be selected and obtained as soon as possible. 
Subsequent hatcheries shall be established, one each on one 
of the tributaries of Puget Sound, one on one of the tribu- 
taries of Gray's Harbor, and one on one of the tributaries 
of Willapa bay, when, in the judgment of the fish commis- 
sion, it be deemed advisable. (2 Rem. & Bal. Code, § 5166.) 



8 State of Washington 

18. Hatcheries to Be in Control of Commissioners. 

The State Fish. Commissioner shall have charge and 
control of the state fish hatchery or hatcheries, and the 
management of the same, under the supervision of the fish 
commission, and shall have power to employ such assist- 
ance and purchase such supplies as may be necessary to 
maintain and operate such state fish hatchery or hatch- 
eries. (2 Rem. & Bal. Code, § 5167.) 

19. Commissioners Shall Be Allowed Actual Traveling 

Expenses. 

Said board of commissioners shall receive no compen- 
sation for their services as such board, but shall be allowed 
necessary actual traveling expenses. All accounts for ex- 
penditures incurred or made pursuant to the provisions of 
this act shall be audited and approved by said commis- 
sioner before presentation to the State Auditor: Provided, 
That no traveling expenses be allowed unless vouchers 
show that railroad and other expenses were actually paid. 
(2 Rem. & Bal. Code, § 5168.) 

("This act" refers to sections 15-19.) 

20. Wire Screens at Head of Canals, Ditches and Flumes. 
Any person or persons, company or corporation own- 
ing, operating or controlling any canal, ditch or flume 
used for irrigating purposes shall erect on streams where 
state fish hatcheries are located and keep at the head of 
every such canal, ditch or flume, a wire screen or grill; 
the design and construction of the same shall be under the 
direction and approval of the State Fish Commissioner; 
said wire screen or grill shall be well constructed, and the 
meshes of said screen or grill shall not be farther apart 
than one-fourth of one inch, and shall be securely placed in 
the head of every such channel, flume or ditch, so as to 
prevent the ingres of any mountain trout or other food 
fishes from any of the lakes or streams of this state. (2 
Rem. & Bal. Code, § 5169.) 

(See following section.) 



Fish, Oyster and Game Laws 9 

21. Penalty. 

Any person or persons, company or corporation, or any 
agent of any company or corporation, violating any of the 
provisions of the last section shall be guilty of a misde- 
meanor, and upon conviction thereof shall be fined in any 
sum not less than fifty, nor more than five hundred dollars. 
(2 Rem. & Bal. Code, § 5170.) 



PRIVATE FISH HATCHERIES. 

22. Riparian Proprietor May Establish Private Hatchery. 
Any riparian proprietor may establish a private fish 

hatchery for the cultivation of food fishes, and for such 
purpose and use may, within the limits of his own premises, 
inclose the waters of any river of stream or lake in this 
state, subject to the conditions and regulations hereinafter 
provided, and any person lawfully conducting any such 
private fish hatchery and engaged in the artificial propa- 
gation, culture and maintenance of fishes, may take them 
in his own inclosed waters wherein the same are so culti- 
vated and maintained at any time and for any purpose. (2 
Rem. & Bal. Code, § 5171.) 

23. Private Hatchery — Passageway for Migratory Fish — 

Passageway for Boats, Etc. — Exceptions. 
Any person, firm or corporation establishing a private 
fish hatchery and inclosing the waters of a river or stream, 
as provided in the preceding section shall provide and fur- 
nish a suitable passageway along said hatchery for migra- 
tory fishes naturally frequenting such waters, above and 
below such hatchery, and shall so place and construct said 
inclosure as to allow the passage of boats, saw logs, shingle 
bolts, cordwood, fencing posts or rails, without unreason- 
able delay, when such inclosure is upon a river or a stream 
navigable and generally used for the navigation of boats, 
or for the floating down of logs, fencing posts, or rails: 
Provided, That if the person, firm or corporation inclosing 



10 State of Washington 

the waters of a river or stream, as herein provided, is the 
sole riparian proprietor thereof from such inclosure to and 
including the source of such river or stream, such person, 
firm or corporation shall be excepted from the operation 
of this section, and shall not be required to furnish any 
passageway for fish or for boats, logs, fencing or other 
material. (2 Rem. & Bal. Code, § 5172.) 

24. Private Hatchery Defined. 

Any person, firm or corporation engaged in the business 
of taking fish spawn and the artificial hatching thereof, or 
in the raising of fry and fish therefrom, in any of the 
waters or streams of this state, shall be deemed to be con- 
ducting a private fish hatchery under the terms of this act. 
(2 Rem. & Bal. Code; § 5173.) 

("This act" refers to sections 22-33.) 

25. Sale of Fish from Private Hatchery Prohibited, Unless 

Location, etc., Be Approved, and Same Licensed. 

No fish spawn, fry or fish from any private fish hatchery 
shall be sold under the terms of this act, unless the loca- 
tion and plan of such hatchery, including the character 
and size of fishway and passage, be approved by the 
Fish Commissioner, and the same duly licensed as a pri- 
vate fish hatchery. (2 Rem. & Bal. Code, § 5174.) 

("This act" refers to sections 22-32. Penalty— See section 32.) 

26. When Fish May Be Sold. 

The product of such fish hatchery, fish spawn, fry and 
fish may be sold at any time of the year by such hatchery 
or their then vendees after having first complied with the 
terms of this act and the regulations of the Fish Commis- 
sioner in relation thereto. (2 Rem. & Bal. Code, § 5175.) 
* ("This act" refers to sections 22-33.) 

27. License Fee. 

Each private fish hatchery, before it shall be entitled 
to the benefits of this chapter, shall pay an annual license 



Fish, Oyster and Game Laws 11 

fee of twenty-five dollars to the Fish Commissioner. (2 

Rem. & Bal. Code, § 5176.) 

("This chapter" refers to sections 22-33. Penalty — See sec- 
tion 32.) 

28. Reports to Fish Commissioner. 

It shall be the duty of the superintendent or person in 
charge of any private fish hatchery to make a quarterly 
report to the State Fish Commissioner of the amount of 
spawn, fry and number of fish sold, and the name and 
address of the party receiving the same. It shall be the 
duty of each person, firm or corporation affected by the 
provisions of the following section to render to the Fish 
Commissioner of the State of Washington a quarterly re- 
port giving a detailed statement showing the amount of 
spawn, fry and number of fish received from any private 
hatchery, and giving the name and postoffice address of the 
superintendent or manager of the same. (2 Rem. & Bal. 
Code, §5177.) 

(Penalty — See section 32.) 

29. License Fees for Business of Buying, Packing, Sell- 

ing, Etc. 

Every person, firm or corporation engaged in the busi- 
ness of buying and selling, packing and preserving, or 
otherwise dealing in trout or other food fish obtained from 
private hatcheries of this state, shall procure a license for 
such business from the Fish Commissioner of the state and 
shall pay an annual license fee of two dollars and fifty 
cents. (2 Rem. & Bal. Code, § 5178.) 

(Penalty — See section 32.) 

30. Unlawful to Take Fish Without Permission of Pro- 

prietor of Private Hatchery. 
No person shall take fish in any manner from the in- 
closed portion of any river, stream, pond or other water 
in which a private fish hatchery is located, or in which 
fish are artificially propagated, cultivated and maintained 



12 State of Washington 

under the provisions of this chapter, without permission of 

the owner or proprietor of such hatchery. (2 Rem. & Bal. 

Code, §5179.) 

("This chapter" refers to sections 22-33. Penalty — See section 
32.) 

31. Fish and Game Protection Fund. 

All moneys collected for licenses and fines under the 
provisions of this chapter shall be turned into the state 
treasury and placed in the fish and game protection fund. 
(2 Rem. & Bal. Code, § 5180.) 

("This chapter" refers to sections 22-33.) 

32. Penalty. 

Any person violating any of the provisions of this chap- 
ter shall be deemed guilty of a misdemeanor, and upon 
conviction shall be punished by imprisonment in the 
county jail for a period not to exceed six months or by a 
fine of not more than five hundred dollars or by both such 
fine and imprisonment. (2 Rem. & Bal. Code, § 5181.) 

("This chapter" refers to sections 22-33.) 

33. Tags or Brands on Fish Sold. 

The State Fish Commissioner shall have authority to 
require tags, branding or other device attached to all fish 
sold from private hatcheries. (2 Rem. & Bal. Code, § 5182.) 



Fish, Oyster and Game Laws 13 



REGULATIONS FOE THE CATCHING OF 
SALMON AND OTHER FOOD FISHES. 



34. Puget Sound Rivers and Deception Pass — Other Salt 
Waters — Regulation — Trap, Nets and Fixed Ap- 
pliances. 

Hereafter it shall be unlawful to construct, own, operate 
and maintain within any of the rivers of this state flowing 
into Puget Sound and within said bodies of water within a 
distance of three miles from the mouth of any such river, 
and also within that arm of Puget Sound and body of 
water known as Deception Pass, or within one-half mile 
of the west entrance thereof and in any of the other salt 
waters of this state at a greater depth than sixty-five feet 
at low tide, any pound net, trap, weir, fish wheel, or other 
fixed appliance, set lines excepted, for the purpose of catch- 
ing salmon or other food fishes, and for the purpose of en- 
forcing the provisions of this section, the Fish Commis- 
sioner shall indicate the mouths of said rivers by driving- 
piles therein. It shall also be unlawful hereafter to use 
any purse net, purse seine, or other like seine within two 
miles, and drag seines within one miles from the mouth of 
any of said rivers or within said rivers. It shall be un- 
lawful to use any purse seine or purse net longer than five 
hundred feet, the meshes of which are less than two and 
one-half (2%) inches stretch measure: Provided, That 
nothing in this act or any other act shall prevent any 
person residing in this state from taking salmon or other 
fist by any means at any time for consumption by himself 
and family: Provided, That there shall be a closed season 
for the catching of salmon in the Skagit river from July 
15th to September 15th hereafter: Provided, That this 
provision shall not apply to persons fishing with nets the 
meshes of which are not less than eight and one-half inches, 



14 State of Washington 

stretch measure: Provided further, That there shall be 

no commercial fishing hereafter in the Snohomish river 

above the Snohomish wagon bridge, or above tide water in 

the Duwamish river. (2 Rem. & Bal. Code, § 5183.) 

(See sections 37, 42, 43, 44 and 45. For locations, etc. — See 
section 65. For penalty — See section 77 and note thereto. "Puget 
Sound" — See sections 46 and 79. Length of nets — See section 44.) 

35. Fishing Appliance as Public Nuisance and Abatement 

Thereof. 

Any such fishing appliance or part thereof found in any 
of the waters of this state wherein the same are prohibited 
by the terms of the last section, the same being placed 
therein for the purpose of illegal fishing, is hereby de- 
clared to be a public nuisance, and shall be subject to abate- 
ment as a public nuisance, and it shall be the duty of 
the Fish Commissioner to enforce the provisions of this 
section. (2 Rem. & Bal. Code, § 5184.) 

36. Boats, Seines and Other Appliances May Be Confis- 

cated. 

Any and all appliances used in violation of any of the 
provisions of this act, viz., boats, traps, nets, weirs, fish 
wheels, or other appliances, shall be subject to execution 
for the payment of the fines herein provided. Such ap- 
pliances may be seized by the Fish Commissioner and shall 
be forfeited to the state, and the proceeds turned into the 
fish hatchery fund, and the superior court of the state 
shall have exclusive jurisdiction in all such cases. (2 
Rem. & Bal. Code, § 5185.) 

("This act" refers to provisions superseded by sections 34, 35, 
42, 43, 45, 62, 66, 69 and 71-75, inclusive. Penalties for violations 
— See sections 77 and 78 and notes thereto. Courts — See section 
52.) 

37. Closed Season — Puget Sound — Regulations — Fishing 

Hours. 

It shall be unlawful to take or fish for salmon, 
except with hook or line, in any of the tributaries 
of Puget Sound, except as provided in section 34 hereof; 



Fish, Oyster and Game Laws 15 

and it shall further be unlawful to take or fish for salmon 
with pound nets, fish traps, weirs, or fish wheels, or other 
fixed appliances, or with purse seine, purse nets, or other 
like seines or nets, in any of the open waters of Puget 
Sound, between the hours of four o'clock P. M., Friday, 
and four o'clock P. M., Sunday of each week of each year; 
and it shall further be unlawful to take or fish for salmon 
with gill nets in that arm of the sound known as Swino- 
mish slough, or in any of the other sloughs, or in any of 
the waters of Puget Sound, or tributaries thereof, between 
the hours of six o'clock A. M., Saturday, and six o'clock 
P. M. of Sunday of each week in each year, and it shall be 
unlawful to fish for sockeye salmon in the waters of Puget 
Sound between August 25th and September 15th of each 
year, and any salmon of that species taken between the last 
named dates in the waters of Puget Sound shall be liber- 
ated. That between four o'clock P. M., Friday, and four 
o'clock A. M., Sunday, of each week of each year, as above 
provided, all pound nets or fish traps operated within the 
waters of Puget Sound shall be closed by an apron placed 
across the entrance to the heart of the trap or pound net, 
which apron shall extend from above the surface of the 
water to the bottom of the sound at the place where the 
trap is maintained and be connected securely to the piles 
on either side of the entrance to the heart of such trap or 
pound net, fastened by rings not more than four feet 
apart on a taut wire stretched from top to bottom of piles 
so as to effectually prevent any salmon from entering the 
heart of such trap or pound net. Any person violating any 
of the provisions of this section, whether or not such a 
violation is otherwise specifically declared to be a misde- 
meanor, either by neglecting to observe the requirements 
of this section, or by violating any of the requirements 
thereof shall be deemed guilty of a misdemeanor, and shall 
upon conviction thereof in each and every offense be sub- 
ject to a fine of not less than two hundred and fifty dollars 
($250) nor more than one thousand dollars ($1,000), or by 



16 State of Washington 

imprisonment in the county jail not less than twenty-five 
days nor more than one year, or by both such fine and 
imprisonment. (2 Rem. & Bal. Code, § 5186.) 

(See section 44.) 

38. Closed Season in Grays Harbor and Other Waters — 
Fishing in Certain Waters Prohibited — Penalty. 

It shall be unlawful to take or fish for salmon in the 
waters of Grays Harbor or its tributaries from the 15th day 
of March to the 15th day of April, and from the 25th day 
of November to the 25th day of December in each year. 
And also it shall hereafter be unlawful to take or fish for 
salmon in any of the following named tributaries of Grays 
Harbor from the 15th day of August to the 15th day of 
November in each year above the points hereinafter de- 
scribed, to-wit: It shall be unlawful to take or fish for 
salmon in the Chehalis river above a point one-half mile 
below the mouth of the Wynooche river; it shall be unlaw- 
ful to take or fish for salmon above a point one-half mile 
above the mouth of the Hump tulips river; it shall be un- 
lawful to take or fish for salmon above a point one-half 
mile above the mouth of the Elk river; it shall be unlawful 
to take or fish for salmon above a point one-half [mile] 
above the mouth of the Johns river. The Fish Commis- 
sioner is hereby empowered to indicate the points above 
which fishing may not be done as provided hereinbefore, 
by driving piles at the points in said streams above desig- 
nated, which shall mark the points above which said fish- 
ing shall not be done. It shall be unlawful to take or fish 
for salmon in the waters of Willapa Harbor or its tribu- 
taries from the 15th day of March to the 15th day of April, 
and from the 1st day of August to the 1st day of September 
and from the 5th day of December to the 5th day of Jan- 
uary in each year. And, also, it shall be unlawful to take 
or fish for salmon in any of the following tributaries 
of Willapa Harbor above tide-water in said rivers; North 
river, Willapa river, Nasel river, Palix river, Nema river, 



Fish, Oyster and Game Laws 17 

and Bear river, and for the purposes of this act the head 
of the tide water shall be on North river at the upper end 
of the lower log boom; on the Willapa river, the main 
wagon bridge near Willapa City; on the Nasel river, the 
gap of the main log boom; on the Bear river, Masny's 
Landing; on the Nema and Palix rivers at the head of nav- 
igation for fish boats at mean low tides: Provided, That 
for two years next ensuing after the passage of this act, 
all licenses now in force above these specific points may be 
renewed and continued in force, but no new licenses shall 
be issued for fishing above these points. Nothing in this 
act shall be construed to prevent fishing with hook and 
line, commonly termed angling, in any of the above rivers. 
It shall be unlawful to take or fish for salmon or sturgeon 
in the Columbia river or its tributaries or in any of the 
waters or sloughs thereof west of the north and south line 
between sections 14 and 15 in township 15, each of the 
Willamette meridian, or within three miles outside of the 
mouth of said Columbia river, by any means whatever in 
any year between 12 o'clock meridian on the 1st day of 
March, and 12 o'clock meridian on the 1st day of May, 
and between 12 o'clock meridian on the 25th day of Aug- 
ust and 12 o'clock meridian on the 10th day of Septem- 
ber, and between 6 o'clock p. m. on Saturday of each week 
and 6 o'clock p. m. on the Sunday following from the 1st 
day of May to the 25th day of August, both inclusive, of 
any year. And it shall be unlawful to take or fish for sal- 
mon in the Columbia river or any of its tributaries easterly 
of the north and south line between sections 14 and 15 in 
township 15, east of the Willamette meridian, by any 
means* whatever in any year between 12 o'clock meridian 
on the loth day of March and 12 o'clock meridian on the 
1st day of June or between 12 o'clock meridian on the 
25th day of August and 12 o'clock meridian on the 10th 
day of September, except the Snake river. And it shall be 
unlawful to take or fish for salmon in the Snake river, or 



18 State of Washington 

any of its tributaries, by any means whatever, in any year 
between 12 o'clock meridian on the 1st day of March and 
12 o'clock meridian on the 1st day of June, or between 12 
o'clock meridian on the 1st day of August and 12 o'clock 
meridian on the 5th day of September. And it shall be un- 
lawful to take or fish for salmon by any means whatever, 
except with hook and line, commonly termed angling, in the 
Kalama river, Lewis river, Wind river, Little White Salmon 
river, Wenatchee river, Methow river, Little Spokane river, 
and Colville river, and in the mouths thereof, and in the 
Columbia river within one mile below the mouth of the 
above named rivers: Provided, No traps shall be located on 
or within three miles below the mouth of the Lewis river. 
It shall be unlawful at any time to take any fish with a net, 
trap or other device than hook and line in Chambers creek 
in the county of Pierce, or within two hundred and fifty 
yards of the mouth of said creek, and the mouth of said 
creek shall be construed to mean the junction where the 
fresh and salt waters meet at low tide. Any person vio- 
lating any of the provisions of this section shall be guilty 
of a misdemeanor, and upon conviction thereof for each 
and every offense be subject to a fine of not less than fifty 
dollars nor more than one thousand dollars, or may be im- 
prisoned in the county jail not less than ten days nor more 
than one year, or may be both fined and imprisoned. (Ch. 
104, Laws 1911, amending 2 Rem. & Bal. Code, § 5187.) 

39. Protection of Sturgeon — Closed Season — Penalty. 

Hereafter it shall not be lawful for any person or per- 
sons to take, capture or kill in the waters of the Columbia 
river or tributaries thereof any sturgeon between the first 
day of March and the first day of November in each and 
every year, under a penalty of twenty dollars for each and 
every sturgeon so taken, captured or killed, or had unlaw- 
fully. (2 Rem. & Bal. Code, § 5188.) 



Fish, Oyster and Game Laws 19 

40. Protection of Young Sturgeon — Penalty. 

It shall not be lawful at any time to take or kill any- 
young sturgeon under four feet in length, or fish for the 
same by any device or appliance whatever in the waters 
of the Columbia river or tributaries thereof, and any person 
or persons fishing with gill nets, fish wheels or other fish- 
ing apparatus whatever in the waters of the Columbia river 
or tributaries thereof, who on lifting, drawing, taking up 
or removing any of said nets, or other fishing apparatus, 
shall find young sturgeon under four feet in length en- 
tangled or caught therein, shall immediately, with care 
and the least possible injury to the fish, lisentangle and let 
loose the same and transmit the fish to the water without 
violence. Any person or persons violating any of the pro- 
visions of this section, or having in their possession young 
sturgeon under four feet in length, either for consumption 
or sale, or who is known to wilfully destroy the same, for 
so offending shall, on conviction thereof, be punished with 
a fine of ten dollars for each and every fish so caught, sold 
or destroyed. (2 Rem. & Bal. Code, § 5189.) 

41. Chinese Lines Prohibited — Penalty. 

It shall be unlawful to cast, extend, set, use or continue 
or assist in casting, extending or using any Chinese stur- 
geon lines, or lines of a similar character, in the waters of 
this state. The Fish Commissioner and any deputies are 
hereby authorized to seize and destroy any such lines 
found in said waters, and they are hereby authorized to 
arrest forthwith any person or persons detected in setting 
or using any Chinese sturgeon lines, or lines of similar 
character, in the waters of this state. Any person violating 
any of the provisions of this section shall be fined in a 
sum not less than twenty-five dollars and not more than 
one hundred dollars. (2 Rem. & Bal. Code, § 5190.) 



20 State of Washington 

42. Where Pound Nets, Traps, Etc., May Be Used — Li- 
cense — When and Where Unlawful to Fish for Sal- 
mon. 

The use of pound nets, traps, weirs, fish wheels and 
other fixed appliances, and purse nets, drag seines and 
other seines for catching salmon is hereby authorized 
in all the waters of this state wherein the same is not 
prohibited by section 34 hereof, subject to the regula- 
tion and license hereinafter provided for or otherwise 
required by law, and the use of set nets, and gill or drift 
nets, subject to said license and regulation for said pur- 
pose is authorized in all the waters of this state, except as 
otherwise provided by law: Provided, however, That no 
fishing appliances shall be constructed, operated or main- 
tained upon any of the waters of this state or the Columbia 
river or its tributaries by any person whomsoever, unless 
such person shall have first obtained a license so to do 
from the Fish Commissioner of this state, who is hereby 
authorized to issue said licenses: Provided, further, That 
the Fish Commissioner shall obtain from the State Auditor 
all licenses in blank, and that when he reports to the State 
Treasurer, the number of licenses so received shall be ac- 
counted for. The State Auditor is hereby authorized and 
directed to prepare in blank consecutively numbered, all 
licenses to be turned over as herein provided to the Fish 
Commissioner, keeping a receipt for the licenses so de- 
livered. A separate license shall be required for each trap, 
pound net, weir, fish wheel or any other fixed appliance, 
and for every purse net, purse seine, drag seine, or other 
seine, gill net, drift net or set net, which license shall be 
numbered and dated, and shall specify the number of the 
pound net, trap, weir, fish wheel or other fixed appliance, 
seine, gill net, drift net or set net, which number shall be 
designated by the said commissioner, and said license shall 
also contain the name of the person to whom such license 
shall be granted. No license shall be issued to any person 
who is not a citizen of the United States, unless such per- 



Fish, Oyster and Game Laws 21 

son has declared his intention to become such one year 
prior thereto, and is and has been for one year immediately 
prior to the time of the application for license an actual 
resident of the State of Washington, nor shall any license 
be issued to any corporation unless such corporation shall 
be authorized to do business in this state: Provided, That 
nothing in this act shall be construed to prevent the issu- 
ance of licenses to women, minors of the age of eighteen 
years or more, or Indians, who possess the qualifications of 
citizenship and residence herein before required; nor to 
prevent the renewal of any licenses by persons now holding 
the same: Provided, Licenses issued by the State of 
Oregon shall be deemed valid as to gill nets for use on 
the Columbia river as though issued by the Fish Commis- 
sioner of this state. No more than three licenses shall be 
issued to any one person, firm or corporation. ' Licenses 
may be assigned or transferred to any person or cor- 
poration entitled to hold licenses under the provisions 
of this act: Provided, That notice is given to the Fish 
Commissioner of said transfer or assignment by the trans- 
feree within twenty days from the date of said transfer 
or assignment: And provided further, If such notice of 
transfer is not given such license shall be void. No person 
or corporation shall own, operate or construct, or cause to 
be constructed or operated any pound net, trap, weir, fish 
wheel or other fixed appliance for the catching of salmon, 
on the waters of the Columbia river, or its tributaries, or in 
any of the waters of the State of Washington, the meshes of 
which are less than three inches stretched measure. (2 
Rem. & Bal. Code, § 5191.) 

(For license fees, see sections 62 and 64. and see, also, sections 
54-58 and 65, inclusive. For penalty, see section 77 and note 
thereto.) 

43. License Number and Lights Displayed — Seines and 
Nets Branded — Boats Numbered. 
Any person owning, operating or using any pound net, 
trap, weir, fish wheel or other fixed appliance for taking 



22 State of Washington 

salmon, shall cause to be placed in a conspicuous place on 
said pound net, trap, weir, fish wheel or other fixed appli- 
ance, the number designated by the Fish Commissioner 
at the time of issuing the license for the operation thereof; 
said number to consist of black figures, not less than six 
inches in length, painted on white ground; any person 
owning or operating or using any seine, purse net, gill net 
or set net for the purpose of taking salmon, shall cause 
to be branded the corks of each end of the seine, purse 
net, gill net or set net, and upon the cork nearest the 
center thereof, the number designated by the Fish Com- 
missioner at the time of issuing the license for the opera- 
tion of said seine or net; said number to consist of figures 
not less than one-half inch in length, and shall also cause 
to be placed upon each side of the bow of the boat used 
to operate such seine or net such license number, preceded 
by a capital "W," the same to consist of black figures not 
less than six inches in length painted on white ground. 
All pound nets or traps shall conspicuously show at night 
time, between sunset and sunrise, a bright white light. 
(2 Rem. & Bal. Code, § 5192.) 

(For penalty, see section 77 and note thereto ; for license fees, 
see section 62.) 

44. Set Nets to Be Used on Puget Sound, Etc. — Penalty. 

It shall be unlawful for any person, firm or corporation 
on Puget Sound or its tributaries to fish for salmon by 
means of set nets of greater length than three hundred 
feet and no set net shall be permitted to be constructed 
in the form of a pound net or with pots or hearts connected 
therewith or in any other means than by stakes driven in 
substantially a straight line. Any person violating any of 
the provisions of sections 38, 44 and 64 hereof shall be 
deemed guilty of a misdemeanor and shall, upon conviction 
thereof, be subject for each and every offense, to a fine 
of not less than ten dollars ($10.00) nor more than one 
hundred dollars ($100.00) or by imprisonment in the county 



Fish, Oyster and Game Laws %3 

jail not less than five days nor more than thirty days. (2 

Rem. & Bal. Code, § 5193.) 

(Penalty for violations of section 38 therein fixed seems to 
supersede this section as to such violations. See section 34, 
length of nets ; hours of closing, see section 37.) " 

45. Nets, How Constructed, Size, Passage Ways, Etc. 

No lead of any pound net, trap, fish wheel or other fixed 
appliance used or operated in the waters of the Columbia 
river or its tributaries, Willapa Harbor or Grays Harbor 
in this state for catching salmon shall exceed eight hun- 
dred feet in length, and in the waters of Puget Sound two 
thousand five hundred feet in length. There shall be an 
end passage way of at least thirty feet, and a lateral pas- 
sage way of at least nine hundred feet, between all pound 
nets, traps, weirs, fish wheels or other fixed appliances 
hereafter constructed and placed within the waters of the 
Columbia river and its tributaries, Willapa Harbor and 
Grays Harbor within this state, and there shall be an end 
passage way of at least six hundred feet and a lateral 
passage way of at least twenty-four hundred feet, between 
all pound nets, traps, weirs or other fixed appliances here- 
after constructed and placed within the waters of Puget 
Sound in this state. For the purpose of determining end 
passage ways, base lines shall be drawn at right angles 
with the general course of locations first originally estab- 
lished and intersecting the ends thereof, and the end pas- 
sage ways shall be measured at right angles from such 
base lines: Provided, This section shall not effect any 
locations lawfully existing under previous statutes when 
this act takes effect; and any or all such fishing appli- 
ances may be maintained upon such existing locations 
as though this act had not been passed, or they may be 
changed to conform to the provisions hereof as to end pass- 
ages at the option of the location owners and holders 
thereof. (2 Rem. & Bal. Code, § 5194.) 

(This act took effect March 9, 1905. For penalty, see section 
77 and note thereto; passageways, etc., see section 65.) 



24 State of Washington 

46. Puget Sound Defined. 

For the purpose of more clearly defining the provisions 
of the last section, all that portion of the tide waters 
emptying into the Straits of Fuca, and the bays, inlets, 
streams and estuaries thereof, shall be known and desig- 
nated in this act as Puget Sound. (2 Rem. & Bal. Code, 
§5195.) 

("This act" refers to laws superseded by sections 34, 37, 38, 44 
and 45.) 

47. Young Salmon Must Be Restored to Water Where 

Caught. 

Every person who by seine or any means whatever, 
except by hook and line, shall catch young salmon of ten 
inches in length or less, in the waters of Puget Sound, or 
in any of the streams flowing into, Puget Sound, and who 
shall not return the same immediately alive to the water, 
or who shall sell or offer for sale any such fish, or shall 
wilfully destroy any small fish not merchantable, shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than twenty-five 
dollars nor more than seventy-five dollars for each and 
every offense. (2 Rem. & Bal. Code, § 5197.) 

(See note to section 77.) 

48. Corrupting Waters Containing Fish — Explosives. 

It shall not be lawful to cast or pass, or allow to be 
cast or passed, into any water of this state into which sal- 
mon or trout are wont to be, any lime, gas, cocolus indicus, 
or any other substance deleterious to fish, or to explode or 
cause to be exploded any powder, Hercules powder, dyna- 
mite, nitro glycerine or any other explosive substance, for 
the purpose of catching, killing or destroying salmon or 
other food fish, and any person or persons violating any 
of the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof, be fined in 
a sum not less than fifty dollars nor more than two hun- 
dred and fifty dollars. (2 Rem. & Bal. Code, § 5198.) 

(See note to section 77.) 



Fish, Oyster and Game Laws 25 

49.. Dam Owners to Provide Fishways. 

Any person or persons now owing, or maintaining, or 
who shall hereafter construct or maintain any dam or 
other obstruction across any stream in the state in which 
any food fish are wont to ascend, without providing a fish- 
way or ladder determined and approved by the Fish Com- 
missioner of this state and suitable to enable the fish to 
pass over, through or by said obstruction, upon construc- 
tion thereof shall be guilty of a misdemeanor, and punished 
by a fine of not less than one hundred dollars nor more 
than two hundred and fifty dollars, and said dam may, in 
the discretion of the court, be abated as a nuisance. Any 
person who at any time shall catch or take any food fish of 
the State of Washington within one hundred yards of any 
fishway or fish ladder, whether such fishway or ladder 
is lawful or not, shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a fine of not 
less than fifty nor more than two hundred and fifty dol- 
lars. (2 Rem. & Bal. Code, § 5199.) 

(See note to section 77.) 

50. Casting Sawdust and Other Waste Into Streams. 

It shall not be lawful for the proprietor of any saw mill 
in this state, or any employe therein, or any other person, 
to cast sawdust, planer shavings, or other lumber waste 
made by any lumber manufacturing concern or suffer or 
permit such sawdust, shavings or other lumber waste to 
be thrown or discharged in any manner into the Columbia 
river and its tributaries, and all other streams and lakes 
in this state where fish resort to spawn, and any person or 
persons violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in a sum not less than one hundred 
nor more than two hundred and fifty dollars. (2 Rem. & 
Bal. Code, §5200.) 

(See note to section 77.) 



26 State of Washington 

51. Salmon defined. 

Whenever the term salmon is used in this act it shall 

be construed to include Chinook, steelhead, blueback, sil- 

versides and all other species of salmon. (Laws 1890, p. 

108, §11.) 

("This act" refers to section 46 hereof and to laws superseded 
by sections 34-38, inclusive, 42-44, inclusive, 47, 50 and 59, in- 
clusive.) 

52. Jurisdiction of Justice of the Peace. 

Justices of the peace shall have concurrent jurisdiction 

with the superior court of all offenses mentioned in this 

act. (2 Rem. & Bal. Code, § 5201.) 

("This act" refers to provisions superseded by sections 36, 38 
and 45-53, inclusive, and 59. Exclusive jurisdiction when in 
superior court, see section 36.) 

53. Taking Fish for Propagation Is Lawful. 

Nothing in this act shall be construed so as to prevent 

the taking of fish- at any time of year, and in any manner, 

for propagation. (2 Rem & Bal. Code, § 5202.) 

("This act" refers to provisions superseded by sections 38 
and 45-53, inclusive, and 59. This section apparently limited by 
section 72.) 

54. Right to Take Fish for Sale Limited to Citizens. 

It shall be unlawful for any person to fish or take 
for sale or profit any salmon, sturgeon, or other food fish 
in any of the rivers or waters of this state, or over which 
it has concurrent jurisdiction in civil and criminal cases, 
unless such person be a citizen of the "United States, or has 
declared his intention to become such one year prior there- 
to, and is and ha.s been for six months immediately prior 
to the time he engages in such business an actual resident 
of the state. (2 Rem. & Bal. Code, § 5203.) 

(This and the two following sections modified by section 42 as 
to licenses, etc. Penalty, see section 77 and note thereto.) 

55. Fact of Citizenship and Residence, How Determined. 
Any person desiring to fish for salmon, sturgeon, or 

other food fish in any such rivers or waters may go be- 



Fish, Oyster and Game Laws 27 

fore any county clerk of any county of this state and fur- 
nish satisfactory evidence of his citizenship, or of the fact 
that he has declared his intentions to become such one year 
prior thereto, and file his own affidavit and the affidavit of 
two other persons, to the effect that he is and has been for 
six months prior thereto an actual bona fide resident of this 
state, and thereupon such recorder or clerk shall issue to 
him a certificate briefly reciting those facts, and thereafter 
in any prosecution against such person for a violation of 
the provisions of this act such certificate or duly authenti- 
cated copies of the record in the office of the clerk or re- 
corder relative thereto shall be prima facie evidence of 
his citizenship and residence as in this act required. But 
in all prosecutions under this act the burden of proof shall 
be on the defendant to establish the facts of his citizenship 
and residence. (2 Rem. & Bal. Code, § 5204.) 

("This act" refers to sections 54-58, inclusive. See note to 
section 54.) 

56. Punishment Upon Conviction of Offense. 

Any person violating any of the provisions of this act, 
upon conviction thereof before any justice of the peace, 
shall be fined not less than five nor less [more] than one 
hundred dollars. (2 Rem. & Bal. Code, § 5205.) 

(See note to sections 54 and 55.) 

57. Certificate — Fee for Issuing — Registry. 

For taking the affidavits and issuing the certificates 
herein provided for, the clerk shall collect from the party- 
applying the sum of one dollar, to be paid into the county- 
treasury; and he shall keep in his office a record of alt 
certificates issued pursuant to this act. (2 Rem. & Bal'.. 
Code, § 5206.) 

("Herein provided for" refers to sections 54-58, inclusive.) 

58. Persons Excepted from Operation of Above Sections. 
Nothing in this act shall be construed to prevent citi- 
zens of any state having concurrent jurisdiction with this 



State of Washington 



state over or upon any rivers or waters from fishing upon 
such rivers or waters: Provided, That this act shall not 
apply to Indians. (2 Rem. & Bal. Code, § 5207.) 
("This act" refers to sections 54-58.) 

59. Taking of Salmon Near Fish Rack. 

It shall be unlawful to catch, kill or in any manner 
destroy any salmon on or within one mile below any rack 
or other obstruction erected across any river or stream 
for the purpose of obtaining fish for propagation, and any 
person or persons violating any of the provisions of this 
section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof be fined in a sum of not less than fifty 
dollars nor more than two hundred and fifty dollars; and 
any and all appliances used in the violation of this sec- 
tion, boats, nets, traps, wheels, seines, or other appliances, 
shall be subject to execution for the payment of the fine 
imposed. Any person violating this section shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in a sum not less than fifty dollars nor more than 
two hundred and fifty dollars. (2 Rem. & Bal. Code, 
§ 5208.) 

(See note to section 77.) 

60. Protection of Salmon or Salmon Trout in Olympia 

Harbor. 

It shall be unlawful for any person at any time to take 
in any manner except with hook and line any salmon or 
salmon trout within the limits of townships 18 and 19 N., 
R 2 and 3 west, Willamette meridian, in the State of Wash- 
ington. (2 Rem. & Bal. Code, § 5209.) 

(See following section.) 

61. Penalty. 

Any person violating any of the provisions of the pre- 
ceding section shall upon conviction thereof be punished 
by a fine of not less than twenty-five dollars ($25.00) nor 
more than one hundred dollars ($100.00) or imprisonment 



Fish, Oyster and Game Laws 29 

in the county jail for not less than ten (10) days nor more 
than thirty (30) days, or both such fine and imprisonment, 
in the discretion of the court. (2 Rem. & Bal. Code, § 5210.) 

62. License Fees for Fishing Appliances — Monthly State- 
ments — Sworn Statements. 
All licenses provided in sections 42 and 43 hereof 
shall be issued as follows: Upon application therefor by 
any person, a license shall be issued by the Fish Com- 
missioner for fixed and other appliances for catching sal- 
mon or other food fishes as herein provided, which shall 
entitle the holder to operate said appliances in the waters 
of this state, wherein such appliances are not prohibited 
by law. The following fees for such licenses shall be col- 
lected by the Fish Commissioner and turned over to the 
State Treasurer on or before the tenth of each month, and 
by him turned into the fish hatchery fund, to-wit: 
For each drag seine not exceeding 250 feet in length. $2.50 
For each drag seine more than 250 feet in length and 

not more than 400 feet in length 7.50 

For each drag seine more than 400 feet in length and 

not exceeding 500 feet 15.00 

For each additional foot in length, the further sum of .03 
For each first class pound net, trap or weir, on the 

Columbia river 25.00 

For each second class pound net, trap or weir on the 

Columbia river 10.00 

For each first class purse seine 50.00 

For each second class purse seine 25.00 

For each gill net or drift net 5.00 

For each set net. 2.50 

For each pound net, trap or weir on Willapa harbor 

and Grays harbor 10.00 

For each pound net, trap or weir (except on the 

Columbia river, Willapa harbor or Grays harbor) . . 50.00 
For each scow fish wheel 15.00 



30 State of Washington 

Stationary fish wheels shall pay twenty-five dollars for 
first class wheels, and ten dollars for second class wheels, 
all classification of wheels, pound nets and purse seines 
to be determined by the Fish Commissioner: Provided, 
Where any trap or pound net is so constructed as to take 
fish at each end of its main lead, it shall obtain and pay 
for a license especially permitting the taking of fish at 
both ends, for which it shall pay a license fee double the 
amount of a pound net or a trap taking fish at one end 
only. In addition to the foregoing license charges there 
shall also be paid by the owner of each trap, pound net 
or fish wheel operated in the waters of the state, the sum 
of one dollar for each one thousand fish taken by such 
trap, pound net or fish wheel [to furnish to the Fish Com- 
missioner on or before the tenth day of each month.] It 
shall be the duty of every person owning or operating any 
trap, pound net or fish wheel to furnish to the Fish Com- 
missioner on or before the tenth day of each month a sworn 
statement giving the number and location of such trap or 
pound net and a detailed statement of the actual number of 
fish caught at such trap or pound net, and in addition to 
answer such questions as the Fish Commissioner shall pro- 
pound with reference thereto, which statement shall be filed 
with and retained by the Fish Commissioner. Any person, 
firm or corporation using scows and boats or other craft in 
the buying of fish on the Columbia rive, are hereby required 
to obtain from the Fish Commissioner of the State of 
Washington, before engaging in said trade or occupation, 
a license for such scow, boat or other craft: Provided, 
That this shall not apply to scows, boats and other craft 
regularly used in buying fish for, and transporting fish to 
canneries and packing plants which pay an annual license 
fee to the State of Washington of at least one hundred dol- 
lars each. Each person, firm or corporation obtaining such 
license shall pay to the Fish Commissioner of the State 
of Washington at the time said license is issued, the sum 
of fifty dollars ($50.00). All licenses issued under the pro- 



Fish, Oyster and Game Laws 31 

visions of this act shall expire on the thirty-first day of 
March following the issuance of such license, and shall be 
renewed upon application and upon payment of the license 
fees as provided in this act: Provided, That licenses now 
issued shall be valid until their expiration, and shall like- 
wise be renewed to expire on March thirty-first following 
the issuance of such license. (2 Rem. & Bal. Code, § 5211.) 

(Words in brackets apparently error. For penalty, see section 
78 and note thereto.) 

63. Abandonment of Location. 

If the locator or owner of a fishing location for pound 
nets or fish traps in the waters of Puget Sound fails to 
construct his fishing appliances thereon at least one time 
during a period of four years, his location shall be deemed 
abandoned, even though he shall during said period comply 
with the requirements of the laws of the State of Wash- 
ington pertaining to fishing locations in other respects. 
Any statute of the State of Washington inconsistent with 
the provisions of this section is hereby repealed. (2 Rem. 
& Bal. Code, § 5212.) 

(Other abandonments, see section 65.) 

64. License Fees for Buying, Packing. — Monthly State- 

ment. — Retail Dealers, Etc. — Penalty. 
Every person, firm or corporation, either as principal, 
agent or employe engaged in the business or buying or sell- 
ing, and preserving or otherwise dealing in salmon other 
than canneries thereof, shall pay as a license the sum of 
ninety cents per ton net weight of said fish bought and sold, 
preserved or otherwise dealt in: Provided, No person en- 
gaged in the business aforesaid shall pay less than two dol- 
lars and fifty cents per annum. It shall be the duty of each 
person, firm or corporation affected by the provisions of this 
section to render to the Fish Commissioner of the State of 
Washington on or before the tenth day of each month, on 
blanks to be furnished by the Fish Commissioner, a de- 
tailed statement showing net amount of fresh fish bought 
and sold, preserved or otherwise dealt in during the pre- 



32 State of Washington 

ceding month, and each person shall pay to the said com- 
missioner the amount due under the provisions therefor, 
on or before the tenth of each month, and a failure or 
neglect to do so shall constitute a misdemeanor and upon 
conviction thereof the offender may be punished as here* 
inafter provided: Provided, however, That every person, 
firm or corporation, either as principal, agent or employee 
(except retail dealers purchasing for their own trade) en- 
gaged in buying, selling, preserving or otherwise dealing 
in salmon other than canners thereof taken in the waters 
of Grays Harbor or its tributaries in the State of Wash- 
ington, shall before engaging in such business procure 
from the Fish Comimssioner a license to buy, sell, pre- 
serve or otherwise deal in at least one hundred tons of 
salmon taken from such waters and pay therefor to said 
Fish Commissioner the sum of ninety dollars, which said 
license shall entitle such person, firm or corporation to 
buy, sell, handle, preserve or otherwise deal in one hun- 
dred tons of salmon taken from said waters during the 
season for which such license is granted. Should such 
person, firm or corporation during the year for which such 
license is issued exceed one hundred tons of salmon in 
his, their or its purchase, sale, preserving or dealing, such 
person, firm or corporation shall immediately upon the 
completion of the purchase, sale or preserving of one hun- 
dred tons of salmon, thereafter be governed by and comply 
with and make payments upon all salmon purhased, sold, 
preserved, or otherwise dealt in, in excess of one hundred 
tons during the said year with the provisions of this sec- 
tion contained and declared before this proviso and a 
failure or neglect upon the part of any person, firm or 
corporation to comply with the requirements of this sec- 
tion or the requirements of this proviso shall constitute a 
misdemeanor and upon conviction thereof the offender 
shall be punished as in this act hereby amended provided. 
(2 Rem. & Bal. Code, § 5213.) 
(For penalty, see section 44.) 



Fish, Oyster and Game Laws 33 

65. Survey and Map of Locations for Set Nets, Pound 
Nets or Fish Traps — Marking Location of Drag 
Seines and Set Nets — Regulations — Rights of Lo- 
cator. 

Every person, firm or corporation who at the time this 
act takes effect shall be lawfully occupying any set net, 
pond net, or fish net trap location in the waters of Puget 
Sound in the State of Washington under any provisions of 
the statutes of this state, or who thereafter may desire to 
so occupy any unoccupied or unclaimed fishing location 
where it may be lawful to construct a set net, pound net or 
fish trap in said waters, shall within sixty days after this 
act takes effect in case of existing locations, and at the 
time they are sought to be made in the case of new loca- 
tions, cause all such locations to be accurately surveyed by 
a competent civil engineer, unless such like survey thereof 
of any location has already been made, in which case such 
existing survey may be used; and such occupant or claim- 
ant shall cause a location map to be made of each fishing 
location from the actual survey thereof, said map to con- 
tain a plat and description of said fishing location sufficient 
for its ascertainment and identification on the premises; 
such map must be certified by the engineer who made the 
survey, to be a true and correct map of the fishing location 
as shown, which is plated thereon from his survey thereof 
made on behalf and at the request of the occupant or 
claiming (naming him). Such map shall also contain a 
certificate of the occupant or claimant of said location, 
stating that he claims the fishing location shown on the 
map, and specifying the date and number of the license 
under which said location is held; such last mentioned 
certificate may be signed by the occupant or claimant or 
by his agent or attorney in his behalf, and shall contain 
the postoffice address of the occupant or claimant. Such 
map with the certificates thereon shall be filed in the office 
of the county auditor of the county in which such fishing 



34 State of Washington 

location is situated, and shall from the date of its filing 
constitute full and complete notice that the location shown 
upon said map is owned, held, occupied and claimed by 
the person, firm or corporation designated thereon as occu- 
pant or claimant. A duplicate copy of such map shall also 
be filed (for information only) with the Fish Commissioner 
of the State of Washington, or of the district within which 
such location is situated. And it shall be the duty of all 
county auditors and fish commissioners, in whose office 
any such maps may be offered for filing, to receive and 
safely keep same on file in their respective offices. They 
shall also keep a proper and convenient index of all such 
maps, showing the time and dates of the filing, the names 
of the occupant or claimants on whose behalf such maps 
are filed, and the serial numbers of the maps in the order 
filed, all of which must be endorsed on the respective maps 
when filed; but no informality or omission on the part of 
any such public officer shall impair or prejudice the rights 
of any occupant or claimant of or to any such fishing loca- 
tion. Every person, firm or corporation being the owner, 
holder or occupant of any one or more existing set net, 
fish trap or pound net locations when this act takes effect, 
shall have the exclusive and preference right for ninety 
days thereafter within which to file such maps with the 
respective county auditors. From and after the filing of 
any such map in the office of any county auditor, the 
occupant or claimant of the fishing location thereon shown, 
and his heirs, successors and assigns shall have the exclu- 
sive right to occupy, maintain and fish such location, to 
renew the licenses therefor, and to mortgage, sell and 
transfer such right, during such time as he or they shall 
comply with the requirements of the law of the State of 
Washington, pertaining thereto in other respects. It shall 
not be necessary hereafter to drive any location piles to 
indicate fish traps or pound net locations within the waters 
of Puget Sound in the State of Washington, and all such 
existing piles shall be removed from such location by the 



Fish, Oyster and Game Laws 35 

owners and occupants thereof within ninety days from the 
date this act takes effect. Upon the construction of any 
fish trap or pound net, the number of the license under 
which same is held shall be posted in a conspicuous place 
thereon and there maintained until such trap is removed: 
Provided, however, If the locator fails to construct his ap- 
pliance during the fishing season covered by his license, 
said location shall be deemed abandoned. At the close of 
each annual fishing season on Puget Sound the owner and 
holder of each set net, fish trap or pound net shall remove 
from the location all piles and structures of every kind. 
Locations for drag seines may be made by driving a sub- 
stantial stake or erecting a permanent monument at each 
end of the location claimed and posting thereon the num- 
ber of the license under which such drag seine is operated: 
Provided, That no seine location the title to which is in 
the state shall occupy a greater space than twice the length 
of the seine covered by above license. Locations for set 
nets may be made by erecting a permanent monument near 
or securely anchoring a buoy on the location Claimed, upon 
which shall be posted the number of the license under 
which such set net is operated: Provided, There shall be 
a lateral passage way of at least three hundred feet and 
an end passage way of thirty feet between all set nets. 
No fishing appliance or device of any kind whatsoever lo- 
cated or used upon any streams or rivers of this state shall, 
either by a lead or any parts of said appliance occupy more 
than one-third of the width of such streams or rivers: Pro- 
vided, however, That in the Columbia river and its tribu- 
taries, Willapa Harbor and its tributaries, Grays Harbor 
and its tributaries, any person or corporation, after first 
having obtained a license as provided for in this act, shall 
indicate locations for traps or pound nets made under such 
license, by driving at least three substantial piles thereon, 
which must extend not less than ten feet above the surface 
of the water at high tide, one of said piles to be driven 
at each end of the location claimed, and upon said ter- 



36 State of Washington 

minal piles there must be posted the license number, and 
if the locator fails to construct his appliance during the 
fishing season covered by his license, said location shall 
be deemed abandoned. After any such trap or pound net 
has been located, the owner thereof may file a description 
thereof sufficient for identification with the Fish Commis- 
sioner, and shall thereafter have the exclusive right to 
fish such location and to sell and transfer such right during 
such time as the locator or owner of such right shall com- 
ply with the requirements of the law pertaining thereto in 
other respects. Locations for drag seines may be made 
by driving substantial stake or erecting a permanent 
monument at each end of the location claimed and posting 
thereon the number of the license under which such drag 
seine is operated: Provided, That no seine location, the 
title to which is in the state, shall occupy a greater space 
than twice the length of the seine covered by above license. 
Locations for set nets may be made by erecting a perma- 
nent monument or securely anchoring a buoy on the loca- 
tion claimed, upon which shall be posted the number of 
the license under which such set net is operated: Pro- 
vided, There shall be a lateral passage way of at least 
three hundred feet and an end passage way of thirty feet 
between all set nets. No fishing appliance or device of 
any kind whatsoever located or used upon any streams or 
rivers of this state shall, either by a lead or any parts of 
said appliance occupy more than one-third of the width 
of such streams or rivers. (2 Rem. & Bal. Code, § 5214.) 

(See sections 34 and 45. For penalty, see. section 77 and note 
thereto; abandonment of location, see section 63.) 

66. Failure to Obtain License, Misdemeanor. 

Any person or corporation owning, operating, maintain- 
ing or using any pound nets, traps, weirs, fish wheels or 
other fixed appliances, or any seines, set nets, gill nets or 
drift nets for the purpose of catching salmon or other food 
fishes within or upon the waters of this state, without first 
having obtained a license so to do as provided for in this 



Fish, Oyster and Game Laws 37 

act-,' shall be deemed guilty of a misdemeanor, and any 
assignee of a license operating any such appliance without 
giving notice of such assignment as required by this act 
to the Fish Commissioner, shall be guilty of a misde- 
meanor. (2 Rem. & Bal. Code, § 5215.) 

("This act" refers to provisions superseded by sections 34-78, 
inclusive, except sections 54-58, inclusive. For penalty, see section 
77 and note thereto.) 

67. Set Nets— When Not Unlawful. 

Nothing in this act shall be so construed as to prevent 
fishing with set nets in any rivers of this state except when 
such fishing is expressly prohibited by law, or prohibited 
by the Fish Commissioner, in his discretion, in rivers on 
which are located state fish hatcheries. (2 Rem. & Bal. 
Code, §5216.) 

(See note to section 66.) 

68. Protection of Food Fishes — Certain Streams May Be 

Closed — Notice. 
Whenever the Fish Commissioner shall consider that 
the protection of the food fishes mentioned in this act shall 
require it, he may close to fishing any stream or river in 
this state emptying into Puget Sound, the Columbia river, 
Grays Harbor or Willapa Harbor, in the manner following, 
to-wit: He shall post in the office of the county auditor of 
the county or counties through which the stream or streams 
desired to be closed shall run, a notice stating that on a 
date set up in said notice, which date shall not be less 
than thirty days from the date of notice, said stream or 
streams will be closed to public fishing, and shall cause 
a like notice to be published in some weekly paper pub- 
lished in said county or counties for not less than four 
successive issues. Any person fishing in said stream or 
streams after it shall have been closed as hereinabove 
provided, shall be guilty of a misdemeanor, and upon con- 
viction shall be punished as provided for the punishment 
of misdemeanors in this act: Provided, Nothing in this 



38 State of Washington 

section contained shall be construed to prohibit hook and 
line fishing for salmon in any stream or streams in this 
state. (2 Rem. & Bal. Code, § 5217.) 
(See note to section 66.) 

69. Fish Hatchery Fund. 

All moneys collected for licenses [and fines] under the 
provisions of this act shall be turned into the state treas- 
ury and placed in the fish hatchery fund. (2 Rem. & Bal. 
Code, §5218.) 

(See note to sections 66 and 70 which latter section seems to 
modify this.) 

70. Fines and Disposition Thereof. 

One-half of all fines collected under the provisions of 
this act or the acts of which this is amendatory shall be 
paid to the informer, if there be one, one-quarter to the 
county collecting the same, and the remainder shall be put 
into the fish hatchery fund in the state general fund. And 
it shall be the duty of the prosecuting attorney, or justice 
of the peace to cause to be endorsed upon the back of the 
indictment or complaint the name of any person who shall 
voluntarily make complaint for violation of any of the pro- 
visions of this act. (2 Rem. & Bal. Code, § 5219.) 

("This act," it is thought, refers to provisions superseded by- 
sections 34-78, except 39-41 and 46-61, both inclusive.) 

71. Salmon Defined. 

Whenever the term salmon is used in this act it shall 
be construed to include and apply to Chinook, steelhead, 
blueback, silverside, and all other species of salmon. (2 
Rem. & Bal. Code, § 5220.) 

(See note to section 70; see, also, section 51.) 

72. United States Officers May Take for Propagation. 

Nothing in this act shall be construed so as to prevent 
the taking of salmon or other food fishes by the Fish Com- 
missioner or proper officers of the United States for propa- 
gating purposes. (2 Rem. & Bal. Code, § 5221.) 

(See note to sections 53 and 70.) 



Fish, Oyster and Game Laws 39 

73., Reports to Fish Commissioner. 

It shall be the duty of all persons who purchase salmon 
or other food fishes from fishermen or takers or catchers 
of salmon, or other food fishes, for the purpose of selling 
or canning them or the product of the same for profit, to 
report to the Fish Commissioner on blanks furnished by 
him, on or before the 15th day of November of each year 
hereafter, the number of each species of fish, stated sepa- 
rately, so purchased by them, or if purchased by weight, 
the number of pounds of each species, and the average 
price per pound; such statement or report shall be made 
under oath. (2 Rem. & Bal. Code, § 5222.) 

(For penalty, see section 77 and note thereto.) 

74. Oaths May Be Administered by Fish Commissioner. 

The Fish Commissioner is hereby authorized to ad- 
minister oaths, and may require any statement made to 
him in application for license, or in any report submitted 
to him, or in any manner connected with the discharge of 
his official business, to be made to him under oath. (2 
Rem. & Bal. Code, § 5223.) 

75. Terms Defined. 

The term "person or persons" when used in this act, 
shall be taken to include partnerships, associations and 
corporations. The term "seine" in this act is intended to 
cover all forms of nets known as seines, purse seines or 
purse nets, trawls, beam trawls, stow nets, drag nets, bag 
nets, draw nets, drift nets, reef nets and dredge nets. 
(2 Rem. & Bal. Code, § 5224.) 

(See note to section 70.) 

76. Reports to Fish Commissioner Confidential — Penalty. 
All reports showing the status of the business of any 

person required under the provisions of this act to report 
to the Fish Commissioner shall be treated by said commis- 
sioner as confidential and shall not be open to public in- 



40 State of Washington 

spection, nor shall they he published in any way by the 
commissioner or communicated to any person unless their 
publication shall be necessary in some civil or criminal pro- 
ceedings against said person or persons for the purpose of 
enforcing the provisions of this act: Provided, That the 
Fish Commissioner may utilize any and all statistics fur- 
nished him in any annual, biennial or other report made 
by him where the use of said statistics or information will 
hot disclose to the public the condition of business of any 
person: And provided further, That if the Fish Commis- 
sioner or any one in his employ shall wilfully publish the 
said information or statistics disclosing the condition of 
business of any individual in violation of this section, he 
shall be guilty of a misdemeanor and shall be punished by 
a fine of any amount not exceeding one thousand dollars. 
(2 Rem. & Bal. Code, § 5225.) 

(See note to section 70. Penalty, see section 77 and note there- 
to.) 

77. Penalty. 

Any person violating any of the provisions of this act, 
whether or not such violation is otherwise specifically de- 
clared to be a misdemeanor, either by neglecting to ob- 
serve the requirements of this act or violating any of the 
provisions thereof, shall be deemed guilty of a misde- 
meanor, and shall upon conviction thereof for each and 
every offense, be subject to a fine of not less than ten 
dollars nor more than two hundred and fifty dollars. (2 
Rem. & Bal. Code, § 5226.) 

("This act" seems to refer to sections 34-78, inclusive, except 
where specific penalties are provided and except as provided by the 
following section. Disposition of fines, see section 70 and note 
thereto.) 

78. Penalty. 

Any person violating any of the provisions of this act, 
whether or not such violation is otherwise specifically de- 
clared to be a misdemanor, either by neglecting to ob- 
serve the requirements of this act, or violating any of the 



Fish, Oyster and Game Laws 41 

provisions thereof, shall be deemed guilty of a misde- 
meanor, and shall upon conviction thereof for each and 
every offense, be subject to a fine of not less than fifty 
dollars nor more than one thousand dollars, or by impris- 
onment in the county jail not less than twenty-five days 
nor more than one year, or by both such fine and imprison- 
ment. (2 Rem. & Bal. Code, § 5227.) 

("This act" seems to refer to sections 62 and 84. Disposition 
of fines, see section 70 and note thereto.) 

SALMON CANNERIES. 

79. Puget Sound Defined. 

For the purpose of more clearly defining the provisions 
of this chapter, all that portion of the tide waters emptying 
into the Straits of Fuca, and the bays and estuaries thereof, 
shall be known and designated as Puget Sound. (2 Rem. & 
Bal. Code, § 5228.) 

("This chapter" refers to sections 79 to 81.) 

80. Salmon Packages, How Marked — Penalty. 

All salmon caught, and cured by salting, for sale within 
the said waters of Puget Sound or any tributary thereof, 
shall be put up in packages marked with the name of 
"Puget Sound Salmon" in plain letters, at least two inches 
long; also the place at which they are so cured and packed, 
and the name or names of the parties so curing them and 
offering them for sale. A violation of this section shall 
subject the offender to a fine of not less than ten nor more 
than one hundred dollars for each and every offense, to be 
recoverable in any court having jurisdiction of misdemean- 
ors. (2 Rem. & Bal. Code, § 5229.) 

(See sections 81, 82 and 83.) 

81. Cans Containing Salmon— Labeled — Penalty. 

All salmon caught within the waters hereinbefore 
named, and prepared for sale and export, by being her- 
metically sealed in cans made of tin or other metal, shall 



State of Washington 



be labeled with labels bearing the words, "Puget Sound 
Salmon," together with the name of the person engaged in 
the business of such preparation for export and sale by 
hermetically sealing in cans as aforesaid, together with the 
name of their place of business. The cans shall likewise 
be packed in cases, [marked] in [a similar manner to] the 
manner prescribed in the next preceding section for packing 
salmon in barrels. A failure to comply with the provisions 
of this section shall be deemed a misdemeanor, and subject 
the offender to a fine of not less than ten dollars nor more 
than one hundred dollars for each and every offense, re- 
coverable in any court of competent jurisdiction. (2 Rem. 
& Bal. Code, § 5230.) 

(See sections 80, 82 and 83.) 

82. Marking of Fish Packages. 

All barrels, packages, or cans containing fish caught 
within the state, and packed, barreled, or canned therein, 
shall be marked by label or otherwise, in plain letters, with 
the name of the place where said salmon were caught, and 
also the name of the state in full, and the name of the 
party or parties putting up the same; and for each pack- 
age, barrel, part of a barrel or can not so marked, the per- 
son or persons whose duty it is to mark the same shall 
be subject to a penalty of not less than ten dollars, to be 
recovered by action brought by any person first informing 
in a court having jurisdiction; and one-half of the sum re- 
covered shall go into the common school fund of the county 
where the offense was committed and the other half to the 
informer. (2 Rem. & Bal. Code, § 5231.) 

(See sections 80, 81 and 83.) 

83. Fish From Other States to Be Marked — Penalty. 

It shall be deemed a misdemeanor to sell, or offer for 
sale within the State of Washington, any cases or packages 
of fish packed in other states that are not plainly marked 
or branded on their exterior, explanatory of the exact na- 



Fish y Oyster and Game Laws 43 

lure or finished condition of the preparation contained, 
thereby preventing misrepresentation and sale of inferior 
or imitative brands of fish for the genuine article packed 
or prepared within said state. Each violation of the above 
section shall be punishable by a fine not to exceed ninety- 
nine dollars, nor less than twenty-five dollars. (2 Rem. & 
Bal. Code, § 5232.) 

(See sections 80, 81 and 82.) 

84. License Fees for Canneries. 

Every person, firm or corporation engaged in canning 
salmon shall procure a license before commencing the 
season's packing as follows: 
For each cannery packing less than ten thousand 

cases per annum $100.00 

For each cannery packing from ten thousand cases 

to fifteen thousand cases per annum 150.00 

For each cannery packing from fifteen thousand 

to twenty thousand cases per annum 200.00 

For each cannery packing from twenty thousand 

to twenty-five thousand cases per annum 250.00 

For each cannery packing from twenty-five thou- 
sand to thirty thousand cases per annum 300.00 

For each cannery packing from thirty thousand to 

forty thousand cases per annum 400.00 

For each cannery packing from forty thousand to 

fifty thousand cases per annum 500.00 

For each cannery packing from fifty thousand to 

sixty thousand cases per annum 600.00 

For each cannery packing from sixty thousand to 

seventy thousand cases per annum 700.00 

For each cannery packing from seventy thousand 

to eighty thousand cases per annum 800.00 

For each cannery packing from eighty thousand 

to ninety thousand cases per annum 900.00 

For each cannery packing from ninety thousand 

to one hundred thousand cases per annum 1,000.00 



44 State of Washington 

Rates on all canneries to be based on pack of each pre- 
ceding year. New canneries shall pay a license of $250.00 
until their pack is definitely known: Provided, however, 
That every person, firm or corporation engaged in canning 
salmon on the Columbia river within the State of Wash- 
ington shall pay for such license of the spring portion of 
the pack put up prior to August twenty-sixth, twice the 
sum indicated above for the respective canneries. (2 Rem. 
& Bal. Code, § 5233.) 

(For penalty, see section 78 and note thereto ; disposition of 
fines, see section 69.) 

CLAMS. 

85. Taking or Digging Clams for Canning or Sale. 

It shall not be lawful for any person or persons, firm or 
corporation, or any person whatsoever, to take, or dig 
clams from the sands on the ocean beach of the Pacific 
ocean, in the State of Washington, or to have in their pos- 
session after the same have been taken, for the purpose of 
canning or for the purpose of sale, between the 1st day of 
June, and the 31st day of August, of each year. (2 Rem. 
& Bal. Code, § 5234.) 

(For penalty, see following section.) 

86. Penalty. 

Any person violating the provisions of the preceding sec- 
tion shall be guilty of a misdemeanor and subject to a fine 
of not less than ten ($10) dollars nor more than five hun- 
dred ($500) dollars, for the first offense, and double said 
amount for each conviction thereafter: Provided, It is not 
the intent of this act to prohibit the digging of said clams 
for one's own use, but to prohibit the digging for sale and 
canning purposes during the months hereinbefore set out. 
(2 Rem. & Bal. Code, § 5235.) 



Fish, Oyster and Game Laws 45 

CRABS. 

87. Taking or Fishing for Crabs for Sale or Canning. 

It shall not be lawful for any person or persons, firm 
or corporation, or any person whatsoever, to take or fish 
from any of the waters of the State of Washington, or have 
in their possession after the same has been taken, for the 
purpose of sale or canning, any crab during the months of 
July, August and September, of each year. (2 Rem. & BaL 
Code, §5236.) 

(For penalty, see section 89.) 

88. Crab Less Than Six Inches Across Back. 

It shall not be lawful for any person or persons, firm 
or corporation, to take or have in their possession, for the 
purpose of sale or canning, where it is lawful to sell and 
can same, any female or any male crab measuring less 
than six inches across its back. (2 Rem. & Bal. Code,. 
§ 5237.) 

(For penalty, see following section.) 

89. Penalty. 

Any person violating sections 87 or 88 of this code 
shall be deemed guilty of a misdemanor and upon con- 
viction shall be fined in any sum not less than ten or 
more than one hundred dollars. (2 Rem. & Bal. Code, 

§ 5238.) 

90. Use of Spear or Other Sharp Instrument Prohibited. 
It shall be unlawful for any person or persons, firm or 

corporation, or any person whatever, to take, capture or 
remove from any of the waters of the State of Washing- 
ton, any crab by the use of a spear or other sharp instru- 
ment, whereby the shell of any said [crab] is broken or 
penetrated. (2 Rem. & Bal. Code, § 5239.) 
(For penalty, see following section.) 



46 State of Washington 

91. Penalty. 

Any person violating the preceding section shall be 
deemed guilty of a misdemeanor and upon conviction there- 
of shall be fined not to exceed twenty-five dollars. (2 
Rem. & Bal. Code, § 5240.) 



Fish, Oyster and Game Laws 47 



OYSTER LAWS. 



CREATING A STATE OYSTER COMMISSION AND A 
STATE OYSTER FUND— OYSTER LAND 
RESERVES. 

92. Commission. 

There is hereby created a State Oyster Commission to 
consist of the Governor, Commissioner of Public Lands 
and the Fish Commissioner. (2 Rem. & Bal. Code, § 5241.) 

93. Records. 

The Commissioner of Public Lands shall be the secre- 
tary of said commission, which secretary shall keep a true, 
full and correct record of all meetings of said commission. 
Said records shall be kept in the office of the Commissioner 
of Public Lands and shall be public records open for in- 
spection of the public during office hours. (2 Rem. & Bal. 
Code, § 5242.) 

94. Meetings. 

The said commission shall regularly meet on the first 
Tuesday in January, April and October of each year, at 
the office of said commission, and at such other times as 
the chairman of said commission may call and direct. (2 
Rem. & Bal. Code, § 5243.) 

95. Quorum. 

A majority of said commission shall constitute a quo- 
rum to do business on all questions arising or coming be- 
fore said commission. A decision of a majority of the mem- 
bers of said commission shall be valid as the act, ruling, 
judgment or decision of said commission. (2 Rem. & Bal. 
Code, § 5244.) 



48 State of Washington 

96. Duties and Powers. 

It shall be the duty of the State Oyster Commission, 
and they shall have power to: 

1. Examine all existing oyster reserves and to do or 
cause to be done such things as may be deemed advisable, 
to conserve, protect and develop said reserves as now 
established and that may be hereafter established, and 
to make such rules and regulations as may be found nec- 
essary or desirable to carry into effect the provisions of 
this act. 

2. To immediately examine all tide or oyster lands 
belonging to the state (except tide lands of the first class 
and lands hereinabove provided for), and to survey, plat 
and establish thereon what shall be and constitute oyster 
reserves for the future. 

3. To cause a survey or re-survey of all the state 
oyster land reserves now existing or to be established by 
the said commission, to be made before the first day of 
October, 1903, or as soon thereafter as possible, and shall 
have each angle of the boundary line indicated by a stone 
not less than one hundred pounds in weight and marked 
with the letters S. R. cut thereon in letters not less than 
three inches long and one-half inch deep, and to cause all 
oyster reserves to be platted, said plats to be filed in the 
office of the Commissioner of Public Lands and in the 
office of the auditor of the county wherein said reserves 
are located; and in cases where the adjoining lands are 
used in whole or in part by private individuals for the pro- 
duction of oysters, stakes shall be kept standing on all of 
the angles of the boundary, the tops of which shall be at 
least four feet above high tide. 

4. Said commission may, when it seems to them ad- 
visable, close any portion of any of the reserves against 
the removal of oysters for any period of time, not longer 
than two years at one time: Provided, That such closed 



Fish, Oyster and Game Laws 49 

periods may be therafter renewed, from time to time, not 
exceeding in all four years, by the commission. 

5. To care for and protect all reserves and to reseed 
and replant such as are in need of seed. 

6. To employ such patrolmen and deputies as may be 
necessary for the protection of oyster reserves and to col- 
lect licenses and payment for seed oysters and to define 
their duties. (2 Rem. & Bal. Code, § 5245.) 

(For further duties and powers, see sections 127, 135 and 136.) 

97. Not to Be Sold or Leased. 

The tide lands within all oyster reserves established 
and surveyed and platted by said State Oyster Commission 
shall be forever reserved from sale or lease. (2 Rem. & 
Bal. Code, § 5246.) 

(See section 137.) 

98. License to Take Oysters. 

Any person, persons or corporation may secure a license 
from the State Oyster Commission to take from the oyster 
land reserves oysters to be used for seed purposes only, 
and upon the terms and conditions hereinafter provided 
for. (2 Rem. & Bal. Code, § 5247.) 

99. Manner of Procuring License — To Specify Time for 

Taking Seed. 
No license shall be granted to take seed from any oyster 
land reserve except between the first day of April and the 
fifteenth day of June of each year, and at no time before 
five o'clock in the morning, or after eight o'clock in the 
evening; and no person, persons or corporation shall take 
from the state oyster land reserves an amount of oysters 
to exceed five hundred sacks to each acre prepared for 
'seeding, and all seed taken from the state oyster land 
reserves under the provisions of this act must be used 
upon lands situated in the State of Washington and de- 
scribed in the application for license. Any person, com- 

—4 



50 State of Washington 

pany or corporation desiring to take oysters from the 
state's oyster land reserves for the purpose of seeding his, 
her or their oyster beds, may make application to the State 
Oyster Commission for a license so to do, said application 
to be made upon forms to be provided by said State Oyster 
Commission in substance as follows: It shall show the 
date when made; the name of the person, company or cor- 
poration making the same; a description of the land upon 
which the oysters are to be placed, said description of land 
to show county, township, name of bay or inlet where 
land is located; state the amount of land prepared for seed- 
ing, and how prepared; whether the same is diked or not; 
whether it is hard ground or mud, and if mud ground, 
whether any crust or shell, sand or other substance has 
been formed to protect the seed oysters. The applicant must 
state in application the number of sacks of oysters desired 
to be taken under the license, which amount must not ex- 
ceed five hundred sacks per acre for all ground property 
prepared to receive them. Where the applicant desires the 
license to be made in the name of any other person than 
himself or themselves or his or their agent, he shall so 
state. And no person, firm or corporation shall take 
oysters from any of the reserves in this state without first 
having procured a license so to do. The applicant must 
agree to pay to the State Oyster Commission, under such 
rules as they may prescribe, the sum of twenty-five cents 
per sack on Puget Sound and ten cents per sack in all 
other places for all oysters taken under the license and 
in all other things to comply with the rules and regula- 
tions governing the taking of oysters from the oyster land 
reserves' as set forth in the license; and that all oysters 
taken in pursuance of the license shall be put on the 
ground described in the application. Every applicant shall 
declare upon oath or affirmation that the application is 
made in good faith, and that all things stated therein are 
true. (2 Rem. & Bal. Code, §5248.) 

("This act" refers to sections 92-104, inclusive.) 



Fish, Oyster and Game Laws 51 

100. Granting of License. 

When application is made to the State Oyster Com- 
mission for permission to take oysters from the state 
oyster land reserves, and such application is made accord- 
ing to the provisions of this act, the said commission shall 
grant such applicant a license to go upon any of the state's 
oyster land reserves that are not closed to peration, and 
take therefrom oysters for the use set forth in the applica- 
tion and for no other. Said license shall contain the privi- 
leges and prohibitions provided for in this act, and such 
rules and regulations as may have been adopted by the 
commission for the regulation of the business of taking 
oysters from the oyster land reserves. (2 Rem. & Bal. 
Code, § 5249.) 

("This act" refers to sections 92-104, inclusive.) 

101. Definition of Word "Sack." 

Whenever the word sack is used in this act it shall be 
considered to mean a quantity equal in weight to one hun- 
dred and twenty pounds. (2 Rem. & Bal. Code, § 5250.) 

("This act" refers to sections 92-104, inclusive.) 

102. License Fee. 

Every person applying for a license under the provi- 
sions of this act shall pay to the State Oyster Commission 
five dollars before the license shall be issued. (2 Rem. & 
Bal. Code, § 5251.) 

("This act" refers to sections 92-104, inclusive.) 

103. Oyster Fund. 

There hereby is created a fund to be known as the 
oyster fund, and all moneys received from the disposal of 
seed oysters on the reserves or any part thereof or any 
of the products thereof, or for license to operate thereon 
and appropriation herein made shall go into this fund, and 
all expense incurred on account of the state oyster land 
reserves shall be paid from this fund, by warrants drawn 
upon the funds in the same manner as is pursued in other 
state funds. (2 Rem. & Bal. Code, § 5252.) 



52 State of Washington 

104. Penalty for Violations. 

If any person or persons shall take oysters from any 
of the state oyster land reserves contrary to the provisions 
of this act, or shall go upon said reserves and rake up, 
or otherwise prepare oysters to facilitate the taking of 
same, shall be guilty of a misdemeanor and upon convic- 
tion thereof shall be fined in a sum not less than one hun- 
dred dollars, and imprisonment for a term of not more 
than one year, and forfeit any license he or she may then 
hold. (2 Rem. & Bal. Code, § 5253.) 

("This act" refers to sections 92-104, inclusive.) 

OYSTER BEDS— PROPAGATION AND GATHERING OF 
OYSTERS. 

105. Acquisition by Discovery of Oyster Beds. 

Any person or persons, being a citizen or citizens of 
the United States, who shall discover any bed or beds of 
oysters in any bay or arm of the sea bordering upon this 
state, that has not been before discovered, shall, by right 
of said discovery, be entitled to the exclusive right or privi- 
lege of gathering or dredging oysters on said bed or beds 
for the term of five years. The person or persons making 
such discovery, who desires to avail himself of the rights 
and privileges hereby granted, shall be required to desig- 
nate the place and area of the bed or beds so discovered, 
with stakes or other artificial marks, and shall make affi- 
davit before the county auditor of the county in which such 
discovery has been made that he located the premises so 
discovered, accompanied by a description and diagram of 
the same, which shall be filed in the office of said county 
auditor: Provided, That the restriction and protection of 
the discoverors shall be ten acres. (2 Rem. & Bal. Code, 
§ 5254.) 

106. Penalty for Gathering Oysters From Bed Located by 
Another. 

It shall not be lawful for any person to gather oysters 
by any means on any beds located in accordance with the 



Fish, Oyster and Game Laws 53 

preceding section, except at the option and by the permis- 
sion of the party or parties holding the same, under a 
penalty of five hundred dollars fine for so offending, or 
imprisonment, to be recovered in a civil action, to be 
brought in the name of the state. (2 Rem. & Bal. Code, 
§ 5255.) 

107. Time Allowed in Which to Remove Oyster Beds. 

Any person who has prior to the twenty-sixth day of 
March, Anno Domini eighteen hundred and ninety, planted 
oyster beds upon any of the tide or shore lands of this 
state, shall be granted a period of not less than six months 
nor more than three years after said land has been 
sold by the state, to remove the same, the time to be 
determined by the Commissioner of Public Lands. And 
any person shall have the exclusive possession of said tide 
or shore lands during the time that he has to remove the 
said oysters under the provisions of this act: Provided, 
That in case any planter of oysters shall fail within the 
time allotted to remove the said oysters, he shall be deemed 
to forfeit the same to the purchaser or owner of said lands : 
Provided, That this shall not apply to tide lands within two 
miles of an incorporated city. (2 Rem. & Bal. Code, 
§ 5256.) 

108. Word "Person" Construed. 

Whenever the word "person" is used in this act, it 
shall be deemed to mean person, persons, firm or corpora- 
tion. (2 Rem. & Bal. Code, § 5257.) 

("This act" refers to preceding section.) 

109. Rights of Planters. 

When any person has, acting in good faith, planted 
oysters on any tide or shore lands not containing any bed 
of natural oysters belonging to the State of Washington, 
and not otherwise occupied for purposes of trade or com- 
merce, such oysters shall, pending the sale, lease or reser- 



54 State of Washington 

vation of such lands by the state, be considered as per- 
sonal property, and the unauthorized taking of the same 
shall subject the offender to civil and criminal prosecution 
as in any similar case of violation of property rights: Pro- 
vided, That the grounds holding the oysers have been kept 
suitably marked by stakes or other landmarks; but such 
stakes or other landmarks having been removed by acci- 
dent or design shall not excuse any person from wrong- 
fully taking the oysters thereby marked if he knew the 
grounds to have been planted with oysters. (2 Rem. & 
Bal. Code, § 5258.) 

110. Deep-Water Planting — Penalty. 

When any person has, acting in good faith, planted 
oysters on any grounds lying deeper than the level of the 
water, said grounds being under the jurisdiction of the 
State of Washington, and not otherwise occupied for the 
purpose of trade or commerce, such oysters shall, pending 
the sale, lease or reservation of such lands by the State 
of Washington, be considered as personal property, and the 
unauthorized taking of the same shall subject the offender 
to civil and criminal prosecution as in any similar case of 
violation of property rights: Provided, That the grounds 
holding the oysters have been kept suitably marked by 
stakes or other landmarks, but such stakes or other land- 
marks having been removed by accident or design shall 
not excuse any person for wrongfully taking the oysters 
thereby marked if he knew the grounds to have been 
planted with oysters. (2 Rem. & Bal. Code, § 5259.) 

111. This Article Confers No Right to Purchase. 

Nothing in this article shall be construed as giving any 
prior or exclusive right of purchase or lease from the State 
of Washington of any shore and tide land or deeper lands 
when the same may or shall be disposed of by the state 
or offered by the state for sale or lease, nor shall it be 
construed as in any way removing, diminishing or affect- 



Fish, Oyster and Game Laws 55 

ing any such rights heretofore provided for by an act, or 
hereafter to be provided for by any act; neither shall this 
article be in any way amendatory of an act entitled "An 
act to protect persons who have planted oysters upon tide 
and shore lands prior to March twenty- sixth, eighteen hun- 
dred and ninety," approved March seventh, 1891. (2 Rem. 
& Bal. Code, § 5260.) 

112. Penalty for Removing Oysters. 

Any person who shall, without due authority, remove 
oysters belonging to any other person, either from plant 
beds or cull beds, or from any boat or water craft, or from 
any float or crate, shall be subject on conviction to a fine 
of not less than one hundred dollars nor more than one 
thousand dollars, one-half of the fine to be paid to the in- 
former, and, at the discretion of the court, to imprison- 
ment for not less than six months nor more than three 
years; but if the offense be committed later than one hour 
after sunset or earlier than one hour before sunrise, the 
minimum penalty shall be a fine of two hundred and fifty 
dollars and imprisonment. The penalties provided in this 
section shall not prevent the recovery by the injured party 
in civil action of damages for any unlawful removing of 
oysters. (2 Rem. & Bal. Code, § 5261.) 

113. Evidence, How Secured. 

In any trial for violation of the provisions of this article, 
if the accused be found having in his possession oysters 
for which he cannot account, or for which he gives an 
account which is shown by evidence to be false, that fact 
shall be sufficient evidence to secure conviction, but the 
court trying the case may not convict on such evidence 
when in its judgment it would lead to a verdict doing in- 
justice to the accused. (2 Rem. & Bal. Code, § 5262.) 

114. Providing for the Return of Small Oysters to Beds. 

It shall not be lawful for any person to destroy oysters 
taken from their natural beds, by assorting or culling them 



56 State of Washington 

on land or shore, and leaving the small oysters there to 
die; but in all cases the small oysters shall be returned 
to their natural beds or to private beds for cultivation; and 
if any person shall Offend against the provisions of this sec- 
tion, or in any way wantonly destroy the small oysters, he 
shall, on conviction thereof, be liable to a fine for each 
offense, or imprisonment [as prescribed] in the next suc- 
ceeding section. (2 Rem. & Bal. Code, § 5263.) 

115. Natural Oysters, How Lawfully Gathered. 

It shall at all times be unlawful to gather with any tool 
or implement, or in any way whatever, any oysters from 
any natural oyster bed, except the person so gathering 
shall be on and working from a boat or water craft of some 
kind, said water craft being afloat during the time he is 
gathering. Any person violating any provision of this 
section shall, on conviction thereof, be fined in any sum not 
less than $100 nor more than $400, and, at the discretion 
of the court, be imprisoned in the county jail not less than 
two months nor more than six months, one-half the afore- 
said fine to be paid by the state to the informer. (2 Rem. 
& Bal. Code, § 5264.) 

(This section seems to supersede ch. 30, Laws 1895.) 

116. Dredging Is Unlawful. 

It shall not be lawful to dredge for the purpose of taking 
oysters from the natural oyster beds in the waters of and 
within the State of Washington, except under the super- 
vision of the state or United States government for experi- 
mental or scientific purposes. (2 Rem. & Bal. Code, § 5267.) 

(For penalty, see following section.) 

117. Penalty. 

Any person violating any of the provisions of the last 
preceding section shall be guilty of a misdemeanor, and 
upon conviction thereof shall be fined in any sum not less 
than fifty dollars nor more than one hundred dollars, or be 
confined to the county jail for a period of not less than ten 



Fish, Oyster and Game Laws 57 

nor more than sixty days, or be both fined and imprisoned, 
at the discretion of the court. (2 Rem. & Bal. Code, 
§ 5268.) 

118. Legal Period for Gathering Oysters. 

It shall be unlawful to gather oysters or to remove 
them from any natural oyster bed or natural oyster bed 
reserve in any of the rivers, bays or waters of the State 
of Washington at any time from the fifteenth day of June 
to the fifteenth day of March following and inclusive, of 
each year, except under the supervision of the Fish Com- 
missioner of the State of Washington, or of the United 
States for purposes of propagation, experimental or other 
scientific purposes : Provided, That nothing in this section 
shall be construed to interfere with the provisions of sec- 
tion 105 hereof. (2 Rem. & Bal. Code, § 5269.) 

(For penalty, see following section.) 

119. Penalty. 

Any person violating any of the provisions of section 
118 hereof shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, be fined in any sum not less than 
twenty-five dollars nor more than one hundred dollars, or 
be imprisoned in the county jail for a period of not less 
than ten days nor more than sixty days, or to be both fined 
and imprisoned, at the discretion of the court. (2 Rem. & 
Bal. Code, § 5270.) 

SHELL FISH AND SALE THEREOF. 

120. Clams, Oysters and Shell Fish — Sale of, When Pro- 

hibited. 

No person, firm or corporation shall within this state 
sell, offer for sale or have in his possession any clams, 
oysters or any other shell fish which have been opened or 
taken out of the shell for a period of more than four days, 
unless the same were previously canned and kept in a 
chilled condition. (2 Rem. & Bal. Code, § 5271.) 

(For penalty, see section 124.) 



58 State of Washington 

121. Canning Unlawful. 

No person, firm or corporation shall within this state, 
place in cans, or can any clams, oysters or any other shell 
fish which have been opened or taken out of the shell for 
a period of more than four days. (2 Rem. & Bal. Code, 
§ 5272.) 

(For penalty, see section 124.) 

122. Sale of Canned Clams, Etc. 

No person, firm or corporation shall sell, offer for sale 
or keep for sale, within this state, any canned clams, 
oysters or other shell fish, which shall have been opened 
for a period of more than four days prior to the time the 
same were canned. (2 Rem. & Bal. Code, § 5273.) 

(For penalty, see section 124.) 

123. Shell Fish Shipped From Other States. 

No person, firm or corporation shall, within this state, 
sell, offer for sale, or have in his possession any clams, 
oysters or any other shell fish which shall or may be here- 
after shipped into this state, unless the said clams, oysters 
or other shell fish shall have been during the entire time 
consumed in the shipment kept in a chilled condition: 
Provided, That this act shall not apply to seed oysters for 
cultivation. (2 Rem. & Bal. Code, § 5274.) 

(For penalty, see section 124. "This act" refers to sections 
120-124, inclusive.) 

124. Penalty. 

Any person, firm or corporation violating any of the pro- 
visions of this act shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by imprisonment 
in the county jail of the county wherein the crime was com- 
mitted not less than ten days nor more than sixty days, 
or by a fine of not less than fifty dollars nor more than one 
hundred dollars. (2 Rem. & Bal. Code, § 5275.) 

("This act" refers to sections 120-124, inclusive.) 



Fish, Oyster and Game Laws 59 

OYSTER BEDS AND LEASES THEREOF— ACQUISITION 
AND DISCOVERY. 

125. Lands May Be Leased for Oyster Beds. 

All lands in the waters of the State of Washington lying 
below extreme low tide, not covered by natural oyster beds, 
and not in front of any incorporated city or town, nor with- 
in two miles on either side thereof shall be subject to lease, 
for the purpose of planting and cultivating thereon artificial 
oyster beds, under the provisions of this act. (2 Rem. & 
Bal. Code, § 6808.) 

("This act" refers to sections 125-135, inclusive.) 

126. Prior Right to Lease. 

All persons who, prior to the passage of this act, in 
good faith entered upon lands not in front of any in- 
corporated city or town, nor within two miles thereof on 
either side, and planted and cultivated thereon artificial 
oyster beds, and who continue to occupy and work the 
same, and who are now in possession of and working said 
oyster beds in good faith, shall have the prior right to 
lease for a period of six months from and after the passage 
of this act. (2 Rem. & Bal. Code, § 6809.) 

("This act" refers to sections 125-135, inclusive.) 

127. Applications for Lease — Inspection. 
Applications for lease of land for the cultivation of deep 

sea oysters under the provisions of this act shall be made 
to the Commissioner of Public Lands and shall be accom- 
panied by a map or plat of the lands so to be leased. The 
Commissioner of Public Lands shall, upon receipt of such 
application, direct the Fish Commissioner to immediately 
inspect the lands applied for and report to the Commis- 
sioner of Public Lands his findings as to the following 
facts : 

First. Whether the land or any portion thereof is a 
natural oyster bed. 



60 State of Washington 

Second. Whether it be necessary in order to secure 
adequate protection to any natural oyster bed to retain 
to the public domain the land the application for the lease 
of which has been made or any part thereof. 

Third. Whether the land or any portion thereof having 

been a natural oyster bed within ten years past, may 

reasonably be expected to again become such within ten 

years in the future. (2 Rem. & Bal. Code, § 6810.) 

("This act" refers to sections 125-135, inclusive. See section 
129, description.) 

128. Terms of Lease — Rental — New Application, Etc. 

In case all of the above three questions be answered 
negatively, the Commissioner of Public Lands shall im- 
mediately issue to the applicant therefor a lease for the 
term of twenty (20) years of the lands so applied for at an 
annual rental of twenty-five cents per acre. Should the 
Fish Commissioner answer one or more of the above three 
questions affirmatively, the Commissioner of Public Lands 
shall investigate the matter at a public hearing in the 
county where the lands in question are situated. Due 
notice of such hearing shall be given by said Land Com- 
missioner by publishing a notice to that effect in some 
paper of general circulation in the county, at the expense 
of the applicant, not less than one week and not more than 
four weeks before the date of hearing. Unless at such 
hearing it be conclusively shown to the Commissioner of 
Public Lands that in the matter at issue the Fish Com- 
missioner was in error, he shall refuse to lease such lands 
or such portion thereof as may be determined by the fore- 
going restrictions. Application for the lease of lands thus 
withheld may not be made again within six years, except 
that the person last making application may repeat the 
application during the three months next preceding the 
expiration of the six years. (2 Rem. & Bal. Code, § 6811.) 

129. Application Must Describe Location. 

All applications for the lease of oyster lands under this 
act shall, in addition to the surveyor's description by metes 



Fish, Oyster and Game Laws 61 

and bounds, make description in such local geography as 
shall suffice to - convey a knowledge of its location with 
reasonable accuracy to persons acquainted with the vi- 
cinity. (2 Rem. & Bal. Code, § 6812.) 

("This act" refers to sections 125-135, inclusive.) 

130. Lease Not to Exceed Forty Acres — Affidavit. 

All applications for lease of oyster lands under the pro- 
visions of this act shall be for an area not to exceed forty 
acres to any one person, and such application shall be 
accompanied by an affidavit under oath that the party mak- 
ing such application leases said lands for the purpose of 
oyster culture only. (2 Rem. & Bal. Code, § 6813.) 

("This act" refers to sections 125-135, inclusive.) 

131. Conditions of Lease — Forfeiture. 

It shall be expressly provided in the lease of any such 
oyster land that if at any time after the granting of said 
lease the lands described therein shall cease to be used 
for the purpose of an artificial oyster bed, it shall there- 
upon revert to and become the property of the State of 
Washington, and that the same is leased to the lessee 
only for the purposes of cultivating oysters thereon, and 
the State of Washington hereby reserves the right to enter 
upon and take possession of said tract or tracts, if at any 
time the same is used for any other purpose than the 
cultivation of oysters. (2 Rem. & Bal. Code, § 6814.) 

132. Not to Affect Existing Laws. 

This act shall in no manner apply to the provisions of 
any act heretofore enacted by the legislature of the State 
of Washington providing for sale of tide and shore lands 
for the purpose of oyster planting and the manner of tak- 
ing oysters from said tide land beds. (2 Rem. & Bal. 
Code, §6815.) 

("This act" refers to sections 125-135, inclusive.) 



82 State of Washmgton 

133. Survey and Description to Be Recorded, Etc. 
Survey and description of all tracts applied for shall 

be in duplicate, one of which shall be filed with and be 
recorded by the county auditor of the county in which said 
lands are situated in a book kept by himself for such 
special purpose, and a duplicate description in the office of 
the Commissioner of Public Lands. (2 Rem. & Bal. Code, 
§6816.) 

134. Abandonment of Lease — Entitled to Lease Other 

Land, When. 

If from any cause any tract or tracts, parcel or parcels 
of land leased under the provisions of this act shall become 
unfit and valueless for the purpose of oyster culture, the 
party having so leased or being in possesison of the same 
may upon such fact under oath to the Commissioner of 
Public Lands and to the auditor of the county wherein 
such lands are situated, also upon filing under oath a cer- 
tificate of abandonment of such tract or tracts, parcel or 
parcels of land in the office of each of said officials, such 
party shall then be entitled to lease other lands as herein- 
before provided. (2 Rem. & Bal. Code, § 6817.) 

("This act" refers to sections 125-135, inclusive.) 

135. Fish Commissioner May Dredge for Purpose of Dis- 
covery — May Permit Others. 

The Fish Commissioner of the State of Washington may 

and he is hereby authorized to dredge or permit others to 

dredge in all the waters of the State of Washington for 

the purpose of discovering whether any particular waters 

not already reserved, leased or appropriated under existing 

laws or the provisions of this act, contain oysters in a 

natural state, and regulate the taking thereof, under such 

rules as the Fish Commissioner may prescribe. (2 Rem. 

& Bal. Code, §6818.) 

("This act" refers to sections 125-135. Rules established by the 
Commission under authority of this section are contained in the 
appendix.) 



Fish, Oyster and Game Laws 63 

SPECIAL PROVISIONS RELATIVE TO JEFFERSON 
COUNTY OYSTER LAND RESERVES. 

136. Re-Survey, Appraisement and Classification. 

The state oyster commission is hereby authorized and 
directed to cause a re-survey and appraisement of the state 
oyster land reserves of Jefferson county, and to file plats 
thereof in the manner now provided by law, and to indicate 
thereupon all such portions thereof as are natural oyster 
beds, which shall be classified as first class. (2 Rem. & 
Bal. Code, § 6819.) 

137. Application Other Than First Class — Sale at Auction. 
That after the survey and filing of the plat as herein- 
before provided for, and upon application of any person or 
persons, for purchase of any portion of the said land, other 
than first class, the said state oyster commission shall 
cause notice thereof to be given in the manner now pro- 
vided by law for the sale of other tide lands, and at the 
time and place designated in said notice, shall proceed to 
sell the same at public auction, to the highest bidder, the 
same not to be sold at less than the appraised value: Pro- 
vided, That no more than fifty acres shall be sold to any 
one individual or corporation: And provided further, That 
payment may be made for said land in cash or upon the 
following terms, to-wit: One-tenth cash to be paid at time 
of sale, and the balance of the purchase price in deferred 
payments of nine equal annual payments, with interest on 
all deferred payments, at the rate of six per cent, per 
annum. (2 Rem. & Bal. Code, § 6820.) 

138. General Laws not Affected. 

Nothing in this act contained shall change, modify or 
repeal any existing provisions of the general law relating 
to the sale and use of tide lands for the culture of oysters 
or other shell fish, but shall be additional thereto and con- 
current herewith, and all sales of tide lands made here- 



64 State of Washington 

under for the purpose of the culture of oysters or other 
shell fish shall he subject to like conditions and revisions 
prescribed by existing laws for similar lands sold for like 
purposes. (2 Rem. & Bal. Code, § 6821.) 

("This act" refers to sections 136-139, inclusive.) 

139. Appropriation From General Fund — Reimbursement. 

For the purpose of carrying out the provisions of this 
act, the sum of $2,000, or so much thereof as may be neces- 
sary is hereby appropriated from the general fund of the 
state: Provided, however, That from the proceeds of the 
sale of any such lands, the amount appropriated or so much 
thereof as may be used for the purpose hereinbefore pro- 
vided, shall be reimbursed to the state general fund, and 
thereafter fifty per cent, of the amount received from the 
sales of any such lands shall be paid into the state general 
fund and fifty per cent, shall be paid into a fund used for 
the improvement, protection and supervision of the state 
oyster reserves. (2 Rem. & Bal. Code, § 6822.) 

(See note to preceding section.) 



Fish, Oyster and Game Laws 65 

GAME LAWS. 



STATE GAME WARDEN. 

140. State Game Warden. 

There is hereby created the office of State Game 
Warden, and the State Fish Commissioner shall he ex- 
officio such officer. (2 Rem. & Bal. Code, § 5318.) 

141. Duties and Powers. 

The State Game Warden shall have full control and 
supervision over all county game wardens appointed in 
pursuance to any statute now existing on the statute books 
of this state, and may have the power to appoint said 
county game wardens special deputy fish commissioners 
for the county in which said county game wardens may 
reside, and shall have general supervision over the enforce- 
ment and execution of all laws of this state for the pro- 
tection of game animals, game birds, song birds, and game 
fish, and shall have all the authority and powers as a peace 
officer conferred on county game wardens by any law of 
this state (2 Rem. & Bal. Code, § 5319.) 

(Further duties, see section 188.) 

142. Reports of State Game Warden. 

The said State Game Warden, in connection with his 
report as said Fish Commissioner, shall annually, on De- 
cember 1st, report to the Governor of this state a full ac- 
count of his actions as said State Game Warden; also the 
operation and result of all laws pertaining to the protection 
of game animals, game birds and game fish. (2 Rem. & Bal. 
Code, §5320.) 

143. Expenses of County Game Wardens as Deputy Fish 
Commissioners. 

The expenses of the county game wardens may be paid 
in the discretion of the State Game Warden and State Fish 

—5 



66 State of Washington 

Commissioner for all services performed by them as deputy 
fish commissioners upon the request or direction of said 
State Game Warden and said State Fish Commissioner, and 
said expenses, when so audited and allowed, are made pay- 
able out of the Fish Commissioner's traveling and inci- 
dental expense fund. (2 Rem. & Bal. Code, § 5321.) 

144. Chief Deputy State Game Warden. 

The State Game Warden shall appoint one chief deputy 
state game warden, who shall hold his office during the 
pleasure of the State Game Warden, and shall receive a 
salary of fifteen hundred dollars ($1,500) per year, to be 
paid in monthly installments, by the State Treasurer on 
warrant drawn by the State Auditor, and shall be allowed 
his actual expenses of travel in the performance of his 
duty, not to exceed the sum of seven hundred fifty dollars 
($750) in any one year; and no payment of salary or travel- 
ing expenses shall be made by the State Auditor to said 
deputy state game warden, except upon certificate of the 
State Game Warden, that the vouchers of the deputy state 
game warden are correct, that the services have been faith- 
fully rendered and the money for traveling expenses actu- 
ally expended. The duties of the chief deputy game warden 
shall be to enforce all the provisions of law in reference 
to the protection of game and to prosecute all violations 
of law in reference thereto, to direct and supervise all acts 
of county and special deputy game wardens, and to use 
all lawful ways and means to protect game and to encour- 
age and secure the propagation thereof. (2 Rem. & Bal. 
Code, §5322.) 

(For penalty, see section 182 ; further duties and powers, see 
section 188.) 

145. County Game Wardens — Appointment of. 

The county commissioners of the respective counties 
of the State of Washington are hereby empowered and 
authorized to and shall, upon application in writing of one 
hundred resident freeholders and taxpayers of said county, 



Fish, Oyster and Game Laics 67 

appoint a suitable -person, who shall be a resident and 
qualified elector of said county, as game warden of such 
county, who shall be vested with all the authority of a 
sheriff to perform the duties prescribed by the laws of 
the State of Washington for the protection of game animals, 
game birds, song birds and game fish. Such game warden, 
so appointed, shall receive a salary of not less than twenty- 
five dollars ($25) nor more than one hundred dollars ($100) 
per month to be paid monthly out of the game protection 
fund of such county. (2 Rem. & Bal. Code, § 5323.) 

(For penalty, see section 182; further duties and powers, see 
section 188.) 

146. County Game Wardens — Powers of. 

All county game wardens shall be ex-officio deputy state 
game wardens, and shall have the same powers in the en- 
forcement of the game laws of the state as the chief deputy 
state game warden and shall be under the direction and 
supervision of the chief deputy state game warden. County 
game wardens shall have power to appoint special game 
wardens for his county; such special game warden shall 
receive no salary but shall have same authority as other 
game wardens; county game wardens before entering upon 
their duties shall take and file with the county auditor of 
his county the oath of office as prescribed for other county 
officers, and shall be held responsible for neglect, or non- 
performance of his duties, and the county commissioners 
of any county may remove the county game warden at any 
time for neglect or non-performance of duty. (2 Rem. & 
Bal. Code, § 5324.) 

(For penalty, see section 182 ; further duties and powers, see 
section 188.) 

147. Duty of Warden and Ex-Officio Wardens Defined. 

It is hereby made the duty of every game warden so 
appointed, and every sheriff, deputy sheriff, constable, city 
marshal and police officer, within their respective jurisdic- 
tions in the State of Washington, to enforce all the pro- 
visions of this act, and all laws for the protection of game 



68 State of Washington 

birds and animals, fish and song birds, and such sheriffs, 
deputy sheriffs, constables, city marshals, police officers, or 
any forest rangers appointed by the United States govern- 
ment, and each of them, by virtue of their election and ap- 
pointment, are hereby created and constituted ex-officio 
game wardens for their respective jurisdictions, and they 
and each of them, and each and every game warden so ap- 
pointed, under the provisions of section 145 hereof shall 
have authority, and it shall be their duty to inspect all 
depots, warehouses, cold storage rooms, storerooms, hotels, 
restaurants, markets, and all packages or boxes, held either 
for storage or shipment, which they shall have reason to 
believe contain evidence of the infraction of any of the pro- 
visions of this act. And if, upon inquiry said officer dis- 
covers evidence sufficient in his judgment to secure a con- 
viction of the offender, or shall have good cause to believe 
that sufficient evidence exists to justify the same, he shall 
at once institute proceedings to punish the alleged offenders. 
(2 Rem. & Bal. Code, § 5325.) 

(Further duties and powers, see section 188.) 

148. Authority of Such Wardens to Make Arrests. 

Any game warden appointed under the provisions of this 
act, any sheriff, deputy sheriff, city marshal, constable or 
police officer, forest ranger, may without warrant, arrest 
any person, by him found violating any of the provisions 
of this act, or any other act or acts hereafter enacted and 
enforced, at any time for the protection of game, fish and 
song birds, and take such person or persons before a justice 
of the peace or municipal judge having jurisdiction, who 
shall proceed without delay to hear, try and determine the 
matter, and give and enter judgment according to the alle- 
gations and proof. All such actions shall be brought in 
the name of the State of Washington and shall be prose- 
cuted by the prosecuting attorney of the respective coun- 
ties. (2 Rem. & Bal. Code, § 5326.) 

(Further duties and powers, see section 188.) 



Fish, Oyster and Game Laws 69 

LICENSES FOR HUNTERS. 
149. Unlawful to Hunt Without License — Fees. 

It shall be unlawful for any person to hunt for, pursue, 
catch or kill any of the game animals or birds protected 
by the laws of this state during the open season when 
it is lawful to kill the same, without such person having 
in his possession at the time of such taking, catching or 
killing a license therefor, duly issued to him by the auditor 
of one of the counties of this state or by the State Auditor. 
The county auditor of each county in the State of Wash- 
ington upon the payment of one dollar by any resident of 
this state, or five dollars by any non-resident of this state, 
or fifty dollars by any non-resident alien, shall issue to 
such person a license, which said license shall entitle the 
holder to hunt for, take, catch or kill any of the game 
animals or birds protected by the laws of the State of 
Washington within the county where such license is is- 
sued, during the open season, when it is lawful to kill the 
same, for the term of one year, in any lawful manner; and 
the State Auditor, upon the payment of five dollars by any 
resident of this state, ten dollars by and non-resident 
of this state, or fifty dollars by any non-resident alien, 
shall issue to such person a license, which said license 
shall entitle the holder to hunt for, take, catch or kill 
any of the game animals or birds protected by the 
laws of the State of Washington, within the state, during 
the open season, when it is lawful to kill the same, for 
the term of one year, in any lawful manner. The county 
auditor shall pay to the county treasurer all such fees col- 
lected by him, to be placed in the game protection fund, 
to be used by the county commissioners for the propaga- 
tion and protection of game in said county, and the State 
Auditor shall pay to the State Treasurer all such fees col- 
lected by him to be placed in the game protection and 
propagation fund. All fines collected under the provisions 
of this act shall be paid to the county treasurer of the 



70 State of Washington 

county in which said fines are collected, and placed by him 

in the game protection fund. (2 Rem. & Bal. Code, § 5327.) 

("This act" refers to sections 149-151, inclusive. See section 
152; penalty, see section 151; see section 166.) 

150. State Fund. 

There is hereby created a State Fund, which shall be 
used only for the protection and propagation of game ani- 
mals, game birds, and game fish in this state. (2 Rem. & 
Bal. Code, § 5328.) 

151. Penalty. 

Any person violating any of the provisions of this act 
shall be deemed guilty of a misdemanor, and upon con- 
viction thereof, for each and every offense shall be subject 
to a fine of not less than ten dollars nor more than one 
hundred dollars, together with the costs of prosecution, or 
imprisonment in the couDty jail, where the offense is com- 
mitted, for not less than five days, nor more than thirty 
days, or by both such fine and imprisonment, in the discre- 
tion of the court. (2 Rem. & Bal. Code, § 5329.) 

("This act" refers to sections 149-151, inclusive.) 

152. License to Aliens to Carry Fire Arms not License to 

Hunt. 

It shall be unlawful for any person who is not a citizen 
of the United States, or who has not declared his intention 
to become a citizen of the United States, to carry or have 
in his possession at any time any shot gun, rifle or other 
fire arm, without first having obtained a license from the 
State Auditor, and said license is not to be issued by said 
State Auditor eycept upon the certificate of the consul 
domiciled in the State of Washington and representing the 
country of such alien, that he is a responsible person and 
upon the payment for said license of the sum of fifteen dol- 
lars ($15.00) ; nothing in this section contained shall be con- 
strued to allow aliens to hunt or fish in this state without 
first having obtained a regular hunting or fishing license. 



Fish, Oyster and Game Laws 71 

Any person violating the provisions of this section shall be 
guilty of a misdemeanor. (Ch. 52, Laws 1911.) 

ISLAND, LAKE WASHINGTON AND PIERCE COUNTY 
GAME PRESERVES— HUNTING THEREON. 

153. Establishment of Game Preserve by County — Pro- 
cedure. 

The board of county commissioners of any county within 
this state may establish game reserves on any island within 
the borders of their respective counties, upon petition of 
two-thirds of the freeholders of any such island and upon 
the presentation of a petition signed by two-thirds of the 
resident freeholders of any island to the board of county 
commissioners of the county in which said island is sit- 
uated. It shall be the duty of such board of county com- 
missioners to designate a day upon which said petition shall 
be heard and to post notices to this effect in at least three 
conspicuous places on such island; said notices shall be 
posted at least ten days prior to such hearing. It may be 
the privilege of any resident on such island to appear at 
such hearing, and defend or oppose the granting of said 
petition. It shall be the duty of the board of county com- 
missioners to pass upon such petition within ten days after 
the said hearing and if it appears to them that the said 
petition is the wish of two-thirds of the freeholders of the 
said island it shall be their duty to make an order and have 
same entered in the official records of the board establish- 
ing said island as a game reserve. (2 Rem. & Bal. Code, 
§ 5330.) 

(Game preserve in Pierce county, see sections 165-166 ; penalty, 
see section 155 ; Lake Washington preserve, see sections 162-164 ; 
hunting on fresh water islands, see section 159 ; deer on islands, 
see sections 158 and 159.) 

154. Publication of Order — Hunting Prohibited. 

A copy of the order of the board of county commission- 
ers establishing any island as a game reserve shall im- 
mediately after such order is made be published three 



72 State of Washington 

times in at least two newspapers of general circulation in 
the county and every person thereafter who shall injure, 
take, kill or destroy or have in his possession except for 
breeding purposes, sell or offer for sale any deer, blue 
grouse, ruffed grouse, sharp-tailed grouse, American pheas- 
ants, Mongolion pheasants, golden pheasants, bobwhite 
quail, or California quail taken from said reserve shall be 
guilty of a misdemeanor. (2 Rem. & Bal. Code, § 5331.) 
(Penalty, see section 155 ; see notes to preceding section.) 

155. Penalty for Violations. 

* Every person convicted of a violation of any of the pro- 
visions of this chapter shall be punished by a fine of not 
less than ten dollars ($10) nor more than one hundred dol- 
lars ($100) and in default of payment of fine imposed shall 
be imprisoned in the county jail of the county wherein the 
offense was committed until such fine shall have been paid 
at the rate on one day for each two dollars ($2) of fine im- 
posed. (2 Rem. & Bal. Code, § 5332.) 

("This chapter" refers to sections 153-156, inclusive.) 

156. Disposition of Fines. 

All money collected from fines for the violation of the 
provisions of this act shall be paid into the general fund of 
the county for the benefit of the public schools in said 
county. (2 Rem. & Bal. Code, § 5333.) 

("This act" refers to sections 153-156, inclusive.) 

157. Deer on Islands — Hunting and Dogs Prohibited. 

Every person who shall at any time pursue, take, kill or 
injure any deer, or shall knowingly permit any dog or dogs 
owned by him or under his control to chase, injure or de- 
stroy any of said animals, on any of the islands, in the 
State of Washington, shall be guilty of a misdemeanor and 
on conviction thereof shall be punished by a fine of not less 
than twenty-five ($25) or more than one hundred dollars 
($100). (2 Rem. & Bal. Code, §5334.) 

(Penalty, see section 182 ; see section 158 and notes thereto.) 



Fish, Oyster and Game Laws 73 

158. Deer on Islands — Open Season. 

It shall be lawful during the month of October of each 
year to hunt for, take and kill deer on any island of the 
State of Washington : Provided, It shall be unlawful to hunt 
for or kill any deer on said islands with dog or dogs, and 
any person knowingly permitting any dog or dogs owned by 
him to pursue deer on said islands shall be guilty of a mis- 
demeanor and punished by fine of not less than twenty-five 
dollars ($25) or more than one hundred dollars ($100) : 
Provided further, That this section shall not apply to any 
islands where game preserves have been established. (2 
Rem. & Bal. Code, § 5335.) 

( See following section ; Island and Pierce county preserves, see 
sections 153 and 165. This section evidently modifies the preceding 
section. Number to be taken, see section 187 ; see sections 177 
and 178. Use of dogs, see section 179 ; trapping, etc., see section 
181.) 

159. Hunting on Certain Islands Prohibited. 

Every person who shall, on any island in the State of 

Washington located in any fresh water lake, surrounded by 

navigable fresh water, and having an area exceeding five 

hundred acres, injure, take, kill or destroy, or have in their 

possession except for breeding purposes, sell or offer for 

sale, any elk, deer, black, gray or fox squirrels, blue grouse, 

ruffed grouse, sharp tailed grouse, wild pigeons, prairie 

chickens, American pheasants, Mongolian pheasants, golden 

pheasants, bobwhite quail, California quail, or woodcock, 

shall be guilty of a misdemeanor. (2 Rem. & Bal. Code, 

§5336.) 

(See section 162. Other reserves, see sections 153 and 165; 
destructions of nests, see following section ; penalty, see section 
161.) 

160. Destruction of Nests, Etc., Prohibited. 

Every person who shall at any time destroy or remove 
from the nest of any of the feathered game included in the 
last section any egg or eggs, or wilfully destroy the nest of 
any such birds, shall be guilty of a misdemeanor. (2 Rem. 
■& Bal. Code, § 5337.) 

(See section 171.) 



74 State of Washington 

161. Penalty for Violating last two sections. 

Every person convicted of a violation of any of the pro- 
visions of the last two preceding sections shall be punished 
by a fine of not less than fifty dollars nor more than one 
hundred dollars, and in default of payment of fine imposed 
shall be imprisoned in the county jail of the county wherein 
the offense was committed until such fine shall have been 
paid at the rate of one day for each two dollars of fine im- 
posed. All money collected from fines for the violation of 
the provisions of the last two preceding sections shall be 
paid into the general fund of the county for the benefit of 
the public schools in said county. (2 Rem. & Bal. Code, 
§ 5338.) 

162. Lake Washington — Molesting Any Wild Birds Upon, 

Prohibited. 

It shall be unlawful to fire any gun or to kill, shoot, 
entrap, ensnare, maim, or destroy any wild birds at any sea- 
son of the year upon the waters of Lake Washington or 
within one mile of its shores, and any person who shall kill, 
shoot, entrap, ensnare, destroy, or maim any wild birds at 
any season of the year upon the waters of Lake Washington, 
or within one mile of the shores of said lake, shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be 
punished as hereinafter provided. (2 Rem. & Bal. Code, 
§5339.) 

(See section 159. Penalty, see following section; see section 
197.) 

163. Penalty Therefor. 

Any person violating any of the provisions of the preced- 
ing section shall, upon conviction thereof, be subject to a 
fine of not less than ten dollars nor more than one hundred 
dollars, together with the costs of prosecution, or imprison- 
ment in the county jail where the offense is committed for 
not less than five days nor more than thirty days, or by 
such fine and imprisonment in the discretion of the court. 
(2 Rem. & Bal. Code, § 5340.) 



Fish, Oyster and Game Laws 75 

164. Scientists Excepted. 

The last two preceding sections shall not apply to any 
person holding a certificate giving the right to take birds, 
their nests, or eggs, for scientific purposes, as now provided 
by law. (2 Rem. & Bal. Code, § 5341.) 

165. Pierce County Preserve — Hunting Prohibited — Ex- 
cepted Persons. 

Any person who shall hunt, take, hill, trap, snare, maim, 
destroy or molest any game bird, deer or gray squirrel at 
any season of the year in that part of Pierce county, Wash- 
ington, bounded by the waters of Puget Sound and Com- 
mencement bay, and a line where the line between town- 
ships 19 and 20 north, intersects the easterly shore of 
Puget Sound, thence running east to the corner common 
to sections 3 and 4, township 19 north, range 3 east, and 
sections 33 and 34, township 20, north, range 3 east, thence 
due north to the shore of Commencement bay, or upon the 
waters of Steilacoom lake, Gravelly lake, American lake, 
or the islands therein, or within one mile of the shores of 
any of said lakes, or upon any part of sections 1, 2, 11 or 
12, and the north half of sections 13 and 14, township- 19, 
north of range 2 east, not included in the above descrip- 
tion, shall be guilty of a misdemeanor: Provided, That 
this act shall not apply to persons holding certificates giv- 
ing the right to take birds, their nests or eggs, for scien- 
tific purposes, as now provided by law. (Sec. 1, cli. 84. 
Laws 1911.) 

166. Unlawful to Discharge Rifle in Above Territory. 

Any person who shall discharge any rifle within the 
above described territory shall be guilty of a misdemeanor: 
Provided, That this section shall not apply to peace of- 
ficers, officers or enlisted men in the United States army, 
and the officers and enlisted men in the National Guard of 
Washington, or any other state, while engaged in the per- 
formance of their respective duties as such officers or en- 



76 State of Washington 

listed men: And provided, further, That this section shall 
not apply to public or private shooting galleries or rifle 

ranges. (Sec. 2, ch. 84, Laws 1911.) 



BIRDS OTHER THAN GAME BIRDS. 

167. Seagulls. 

It shall be unlawful for any person in this state, or 
upon or about any of the waters or shores of this state, to 
take, injure, or kill, or endeavor to take, injure, or kill, any 
seagull of any kind or species. (2 Rem. & Bal. Code, 
§ 5332.) 

(Penalty, see following section.) 

168. Penalty. 

Any person violating any of the provisions of the last 
section, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by fine of not less 
than five nor more than twenty-five dollars, and in default 
of payment of the fine imposed shall be imprisoned in the 
county jail for the period of one day for each two dollars 
of the fine so imposed. (2 Rem. &. Bal. Code, § 5343.) 

169. Jurisdiction of Courts. 

Police justices or other magistrates of incorporated 
cities or towns, and justices of the peace (not excluding 
the jurisdiction of other courts), shall have jurisdiction 
over all proceedings under the last two sections. (2 Rem. 
& Bal. Code, § 5344.) 

170. Possession of Birds Unlawful — What Are Game Birds. 

No person shall, within the State of Washington, kill 
or catch or have in his or her possession, living or dead, 
any wild bird other than a game bird, or purchase, offer 
or expose for sale, transport or ship within or without the 
state, any such wild bird after it has been killed or caught, 
except as permitted by this act. No part of the skin, plum- 
age or body of any wild bird protected by this section shall 



Fish, Oyster and Game Laws 77 

be sold or had in possession for sale. For the purposes 
of this act the following only shall be considered game 
birds: The anatridae, commonly known as swans, geese, 
brant, and river and sea ducks; the rallidae, commonly 
known as rails, coots, mud hens and gallinules; the limo- 
colae, commonly known as shore birds, plovers, surf birds, 
snipe, sand-pipers, tatlers and curlews; the gallinae, com- 
monly known as grouse, prairie chickens, pheasants, part- 
ridges and quail. (2 Rem. & Bal. Code, § 5345.) 

("This act" refers to sections 170-176 ; see section 189 ; penalty, 
see section 172.) 

171. Destruction of Nests and Eggs. 

No person shall, within the State of Washington, take 

or needlessly destroy the nest or eggs of any wild bird 

other than a game bird, or have such nest or eggs in his 

or her possession, except as permitted by this act. (2 Rem. 

& Bal. Code, § 5346.) 

<"This act" refers to sections 170-176, inclusive; penalty, see- 
section 172.) 

172. Violations — Penalties. 

Any person who violates any of the provisions of this 

act shall be guilty of a misdemeanor, and shall be liable 

to a fine of not less than ten nor more than one hundred 

dollars for each offense and an additional fine of one 

dollar for each bird, living or dead, or part of bird or nest, 

or set of eggs, or part thereof, possessed in violation of this 

act, together with the costs of prosecution in such action, 

or to imprisonment for thirty days in the county jail, or 

both, at the discretion of the court. All fines collected 

under the provisions of this act shall be turned over to the 

treasurer of the county in which such action is brought, 

and by him placed in the game protection fund. (2 Rem. 

& Bal. Code, §5347.) 

("This act" refers to sections 170-176, inclusive; game fund, see 
section 150.) 



78 State of Washington 

173. Exceptions as to Certain Persons. 

The preceding sections shall not apply to any person 
holding a certificate giving the right to take birds, their 
nests or eggs for scientific purposes, as provided for in the 
next section. (2 Rem. & Bal. Code, § 5348.) 

174. Certificate — For Scientific Purposes — How Obtained. 
Certificate shall be granted by the State Game Warden, 

or by any incorporated society of natural history in the 
state, through such persons or officers as said society may 
designate, to any properly accredited person of the age of 
fifteen years or upward, permitting the holders thereof to 
collect birds, their nests or eggs, for strictly scientific pur- 
poses only. In order to obtain such certificate the appli- 
cant for the same must present to the person or persons 
having the power to grant said certificate, written testi- 
mony from two well known scientific men, certifying to 
the good character and fitness of said applicant to be en- 
trusted with such privilege, must pay to said persons or 
officers, one dollar, to defray the necessary expenses at- 
tending the granting of such certificates, and must file with 
said person or officers a properly executed bond, in the sum 
of two hundred dollars, signed by two responsible citizens 
of the state as sureties. On proof that the holder of such 
a certificate has killed any bird, or taken the nest or eggs 
of any bird, for other than scientific purposes, this bond 
shall be forfeited to the state, and the certificate becomes 
void, and he shall be further subject for each such offense 
to the penalties provided therefor in section 172 hereof. 
<2 Rem. & Bal. Code, § 5349.) 

175. Terms of Certificates. 

The certificates authorized by this act shall be in force 
one year only from the date of issue, and shall not be 
transferable. (2 Rem. & Bal. Code, § 5350.) 

("This act" refers to sections 170-176, inclusive.) 



Fishy Oyster and Game Laws 79 

176. Birds Destroying Fruit or Grain Not Included. 

The English or European house sparrow, jays, magpies 
and chicken hawks, are not included among the birds pro- 
tected by this act, and the provisions of this act shall not 
apply to any person who shall kill any birds on his own 
enclosed premises while such bird is destroying fruit or 
grain. (2 Rem. & Bal. Code, § 5351.) 

HUNTING PROHIBITED, PURPOSES, APPLIANCES, 
AND METHODS. 

177. Killing for Hides Prohibited. 

Every person who shall, within the State of Washington, 
at any time, take, kill or destroy any deer, moose, elk, cari- 
bou, antelope, mountain sheep or goat for the skin, hide or 
horns of such animal, or who shall kill any of said animals, 
unless the carcass thereof is used or preserved for food, 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall be punished as hereinafter provided. (2 Rem. 
& Bal. Code, § 5352.) 

(Penalty, see section 185.) 

178. Shall Not Fire-Hunt, Trap or Ensnare. 

Every person who shall, within the State of Washing- 
ton, fire-hunt for deer, moose, elk, antelope, caribou, moun- 
tain sheep or goat, or entrap, ensnare or set up any traps, 
swivel, pivot or spring guns, pitfalls or other device for the 
purpose of trapping, ensnaring or killing deer, elk, moose, 
caribou, antelope, mountain sheep or goat, shall be guilty 
of a misdemeanor and upon conviction thereof shall be 
punished as hereinafter provided. (2 Rem. & Bal. Code, 
§ 5353.) 

(Penalty, see section 185.) 

179. Prohibiting the Use of Dogs — Certain Counties Ex- 
cepted. 

Every person who shall at any time pursue, take, kill, 
injure or destroy any moose, elk, caribou, antelope, moun- 



80 State of Washington 

tain sheep or goat, or deer with dogs, or knowingly allow 
dogs to chase or destroy said animals, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That the provi- 
sions of this section shall not apply in the counties of the 
state lying westward of the eastern boundary of the coun- 
ties of Whatcom, Skagit, Snohomish, King, Pierce, Lewis 
and Skamania between the first day of October and the 
first day of November of each year. (2 Rem. & Bal. Code, 
§ 5354.) 

(Penalty, see section 185.) 

180. Exceptions. 

The provisions of sections 172, 173, 174, 183, 184 and 
185 hereof shall not apply to persons engaged in prospect- 
ing for mines of precious minerals upon the public domain 
to the extent of the personal need only of such prospector. 
(2 Rem. & Bal. Code, § 5355.) 

181. Shall Not Trap or Ensnare Any Protected Animal or 

Bird. 

Every person who shall, within the state, at any time, 
trap, net or ensnare, or attempt to trap, net or ensnare any 
quail or bob white, prairie chicken, grouse, pheasant, part- 
ridge, sage hen, ptarmigan or wild pigeon, geese, duck, 
brant or other water fowl, or any of the song birds, or any 
deer, moose, elk, caribou, antelope, mountain sheep or any 
other game bird or game animal, or any protected game 
bird or song bird or game animal under the laws of the 
State of Washington or have in his possession any live 
quail, or bob-white, prairie chicken, grouse, pheasant, wild 
pigeon, partridge, sage hen or ptarmigan, geese, duck, brant 
or other water fowl, or any deer, moose, elk, caribou, ante- 
lope, mountain sheep or any other game bird or game ani- 
mal or any protected game bird or game animal under the 
laws of the State of Washington except for the purpose of 
propagation, shall be guilty of a misdemeanor, and upon 



Fish, Oyster and Game Laws 81 

conviction thereof shall be punished as provided by law. 
(2 Rem. & Bal. Code, 5356.) 
(Penalty,, see following section.) 

182. Penalty. 

Any one violating any of the provisions of this act 

for which a penalty is not hereinbefore provided, shall be 

deemed guilty of a misdemeanor and on conviction thereof 

shall be punished by a fine of not less than ten dollars 

($10) nor more than fifty dollars ($50), or imprisonment in 

the county jail not less than ten days nor more than thirty 

days, or by both such fine and imprisonment. (2 Rem. & 

Bal. Code, §5356%.) 

("This act" refers to sections 144, 145, 146, 157, 181, 186, 196, 
204 and 207.) 

183. Nest Robbing Unlawful. 

Every person who shall, within the State of Washington, 
at any time, destroy or remove from the nest the eggs of 
any wild duck, geese, or other water fowl, or the egg or 
eggs of any Mongolian or native pheasant, grouse, ptarmi- 
gan, prairie chicken, sage hen, partridge, quail or bob-white, 
or of any other wild fowl, or have in his possession, sell or 
offer for sale, any such egg or eggs, or wilfully destroy the 
nest of any such wild fowl, shall be guilty of a misdemean- 
or, and upon conviction thereof shall be punished as here- 
inafter provided. (2 Rem. & Bal. Code, § 5357.) 

(Penalty, see section 185.) 

184. Sink Boxes, Sneak Boats, Etc., May Not Be Used. 
Every person who shall use any sink box or sink boat 

or sneak boat for the purpose of shooting wild ducks, geese, 
or other water fowl, or who shall use any battery, swivel 
or pivot gun, or any gun other than one to be held in the 
hands and fired from the shoulder, at any time, for the 
purpose of shooting wild ducks, geese, swan, brant, or other 



82 State of Washington 

water fowl; or who shall build any structure in any of the 
waters of this state for the purpose of shooting therefrom 
wild ducks, geese, swan or other water fowl; or who shall 
at any time between one hour after sunset and one-half 
hour before sunrise fire off any gun or build any fire or 
flash any light, or burn any powder or other inflammable 
substance upon the shores of any feeding grounds fre- 
quented by wild ducks, geese, swan, or other water fowl, 
with intent thereby to shoot, kill, injure, destroy or disturb 
any of such water fowl, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as herein- 
after provided. (2 Rem. & Bal. Code, § 5358.) 
(Penalty, see following section; see section 186.) 

185. Penalty — Possession Constitutes Prima Facie Evi- 
dence. 

Every person convicted of any of the misdemeanors de- 
fined in the foregoing sections 177, 179, 183 and 184 hereof, 
shall be punished by a fine of not less than ten dollars nor 
more than one hundred dollars, together with the costs of 
the prosecution in such action, and, in default of the pay- 
ment of said fine, shall be imprisoned in the county jail 
one day for each two dollars of such fine; and upon the 
trial of any person, agent or employe of a company or 
corporation, proof of the possession of the wild animals, 
birds or song birds, when it is unlawful to take, kill or 
have same, shall be prima facie evidence that the said 
wild game animal, game bird or song bird was unlawfully 
taken or killed by the person having possession of same. 
(2 Rem. & Bal. Code, § 5358%.) 

186. Sneak Boats for Geese, Ducks or Brant. 

It shall be lawful within the time herein when any 
goose, duck or brant may be killed, to hunt or pursue them 
from any blind or obstruction: Provided, That this shall 
not be construed to include sneak boats. (2 Rem. & Bal. 
Code, §5359.) 

(Penalty, see section 182; see section 184.) 



Fish, Oyster and Game Laws 83 

OPEN SEASONS—BAG LI MITS— POSSESSION AND 
SALES— PROHIBITED PLACES. 

187. Deer, Mountain Sheep and Caribou. 

Every person who shall, within the State of Washing- 
ton at any time between the first day of November and the 
first day of September of the following year, hunt, pursue, 
take, kill, injure, destroy or possess any deer, mountain 
goat, mountain sheep or caribou, shall be guilty of a gross 
misdemeanor, and upon conviction thereof shall be pun- 
ished as hereinafter provided. Every person who shall, 
within the State of Washington, during the season when 
it is lawful to kill same, take or kill more than two deer, 
or shall kill any female deer or spotted fawn, shall be 
guilty of a gross misdemeanor, and, upon conviction there- 
of, shall be punished as hereinafter provided. Every per- 
son who shall at any time shoot or kill in any manner a 
deer when such deer is in any river or lake, or body of 
salt water, or shall hunt or chase deer with dogs, shall be 
deemed guilty of a gross misdemeanor, and upon convic- 
tion thereof shall be punished as hereinafter provided. 
(Sec. 1, ch. 90, Laws 1911.) 

(Game preserves, see sections 153, 159 (?), 162, 165. Deer on is- 
lands, see sections 157 and 158 ; killing for hides, see section 177 ; 
fire hunting, traps, etc., see sections 178 and 181 ; use of dogs, see 
sections 179 and 158; penalty, see section 192.) 

188. Searches for Game — Possession Evidence of Viola- 

tions. 

Any game wardens, any sheriff, deputy sheriff, con- 
stable or police officer, shall have power to search without 
warrant any person and examine any conveyance, vehicle, 
game bag, game basket, game coat or other receptacle for 
game or game fish, and all cold storage rooms, warehouses, 
markets, taverns, boarding houses, restaurants, clubs, eat- 
ing houses, saloons and other places where game or game 
fish may be kept or sold, and to search and examine all 
packages or boxes, which he has reason to believe contain 



84 State of Washington 

evidence of the infraction of the laws of this state, for the 
protection of wild fowl, trout or other game fish, game, 
game birds and song birds, and if upon diligent inquiry he 
can discover evidence sufficient in his judgment to secure 
the conviction of the alleged offenders or shall have cause 
to believe that sufficient evidence exists to justify the 
same he shall at once institute proceedings to punish the 
alleged offenders, and hindrance or interference with such 
search and examination shall be prima facie evidence of 
the violation of the laws by the party or parties who 
hinder or interfere with such search or examination. Any 
of the persons above mentioned may at any time seize 
and take possession of any and all game, wild fowl, game 
fish, game birds, song birds, or trout which has been 
caught, taken or killed at any time, in any manner, or for 
any purpose, or had in possession or under control or 
which have been shipped, contrary to the laws of this state. 
The search and seizure provided for in this act may be 
made without warrants. (Sec. 2, ch. 90, Laws 1911.) 
(Penalty, see section 192.) 

189. Sale of Game. 

It shall be unlawful for any person at any time to sell 
or offer for sale any of the song birds, game birds or game 
animals protected by the laws of the State of Washington. 
(Sec. 3, Ch. 90, Laws 1911.) 

(See section 170; penalty, see section 192.) 

190. Stocked Streams — Unlawful to Fish Therein. 

Whenever any lake or stream shall have been stocked 
or planted with game fish under the laws of the State of 
Washington the county commissioners shall give notice 
thereof by publication for three successive weeks in a 
newspaper published at the county seat of the county in 
which such lake or stream is situated, it shall be unlawful 
for any person to take or fish for, or take fish of any 
species whatever, in the waters of the lake or stream so 



Fish, Oyster and Game Laws 85 

stocked or planted, for two years after the first publica- 
tion of such notice. (Sec. 4, ch. 90, Laws 1911.) 
(Penalty, see section 192; see section 214.) 

191. Imported Game Birds — Unlawful to Hunt. 
Whenever any imported species of game birds shall 

have been liberated in any county of this state by the 
county commissioners, such commissioners shall give no- 
tice thereof by publication for three successive weeks in a 
newspaper published at the county seat of such county, and 
thereafter it shall be unlawful to hunt, take, kill, or molest 
any such imported birds within such county for three years 
after the date of the first publication of such notice. (Sec. 
5, ch. 90, Laws 1911.) 

(Penalty, see following section.) 

192. Penalty. 

Any person violating any of the provisions of this act 
shall be guilty of a misdemeanor. (Sec. 6, ch. 90, Laws 
1911.) 

("This act" refers to sections 185 to 190, inclusive, hereof.) 

193. Upland Birds — Seasons — Places. 

Every person who shall, within the State of Washing- 
ton, hunt, pursue, take, kill, injure, destroy or possess any 
grouse, ruffed grouse, Hungarian partridge, prairie chicken, 
sage hen, Chinese, English, golden, Mongolian, silver, black- 
neck or Japanese pheasant, or any species of quail or any 
species of imported upland game bird, between the first 
day of January and the first day of October of any year, 
shall be guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished as hereinafter provided: Pro- 
vided, That it shall be unlawful for any person to pursue, 
take or kill in the state any Hungarian partridge prior to 
the first day of October, 1913: And provided further, That 
in all counties of the State of Washington lying east of 
the western boundary of the counties of Okanogan, Chelan, 
Kittitas, Yakima and Klickitat, it shall be unlawful to 



86 State of Washington 

hunt, pursue, take, kill, injure, destroy or possess any of 
the game birds mentioned in this section between the fif- 
teenth day of October and the first day of September of 
the following year, but it shall be lawful to kill same in 
said counties, when not otherwise specially provided, dur- 
ing the month of September and the first fifteen days of 
October: Also provided, That in the counties of Asotin, 
Clallam, Clarke, Columbia, Garfield, Douglas, Grant, Lin- 
coln, Whitman, Spokane, Yakima, Kittitas, Ferry, Stevens, 
Okanogan, Adams, Chelan, Benton, Klickitat, Franklin, 
Walla Walla, Skagit, Whatcom, Snohomish and Kitsap, it 
shall be unlawful for any person to pursue, take or kill 
any partridge or any variety of quail, Chinese ring-neck, 
golden or English pheasant, before the first day of October, 
1912: And provided further, That it shall be lawful to 
kill quail in Snohomish county between the first of October 
and the first of January: And provided further, That in 
the counties of Okanogan, Stevens, Douglas and Ferry it 
shall be lawful to kill grouse between the fifteenth day of 
August and the first day of January of the following year. 
(2 Rem. & Bal. Code, § 5361.) 

(Penalty, see sections 201 and 203 ; destruction of nests and 
robbing, see sections 160, 171 and 183 ; birds on Lake Washington, 
see sections 162-164 ; possession of birds, etc., see section 170 ; 
trapping and ensnaring, see sections 181 ; sneak boats, etc., see 
sections 184 and 186 ; bag limit, see section 194 ; preserves, see sec- 
tions 153, 154, 159, 165 ; imported game birds, see section 191.) 

194. Upland Birds — Bag Limit. 

Every person who shall, during the season when it is 
lawful to hunt the same, kill more than five prairie 
chickens, grouse, partridge, Hungarian partridge, native 
pheasants, Chinese, English, golden, Mongolian, silver, 
black-neck or Japanese pheasants, or more than ten quail 
of any kind in one day, shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punished as herein- 
after provided: Provided, That no person shall in any 
one day kill more than five of the game birds mentioned in 
this section, it being the intention hereof to limit bags of 



Fishy Oyster and Game Laws 87 

one day to five birds, no matter how many varieties of 
these protected upland birds are included in the bag: Pro- 
vided further, That ten quail may be killed in one day 
during the season when it is lawful to hunt the same, but 
the limit of the upland game birds, if quail are included 
in the same, for one day, shall never exceed ten upland 
birds, and the limit of the bag for one week shall never 
exceed thirty upland birds: Provided further, That in all 
counties of the State of Washington lying east of the west- 
ern boundary of Okanogan, Chelan, Kittitas, Yakima and 
Klickitat, it shall be unlawful to hunt, pursue, kill, injure, 
destroy or possess any prairie chickens from and after the 
passage of this act and before the first day of September, 
1912: Provided, however, That this last mentioned proviso 
regarding prairie chickens shall not apply to the counties 
of Okanogan, Chelan, Garfield, Lincoln, Walla Walla, 
Adams, Douglas, Columbia, Grant, Stevens and Ferry. (2 
Rem. & Bal. Code, § 5362.) 

(Penalty, see sections 201 and 203.) 

195. Water Fowl — Shore Birds — Seasons — Places. 

Every person who shall hunt, pursue, take, kill, injure, 
destroy or possess any swan, goose, brant, mallard duck, 
canvas-back duck, widgeon, wood-duck, spoon-bill, gray or 
black duck, sprig-tail, teal or other game duck, whether 
named or mentioned herein, or any snipe, curlew, plover, 
rail, surf or shore game bird, between the first day of Feb- 
ruary and the first day of October of the same year, shall 
be guilty of a misdemeanor, and upon conviction thereof 
shall be punished as provided hereinafter: Provided, That 
in the counties of Okanogan, Ferry, Stevens, Douglas, 
Grant, Lincoln, Spokane, Adams and Whitman it shall be 
lawful to kill swan, goose, brant, or any species of game 
duck and curlew, plover, rail or any species of snipe or 
shore game birds, between the 15th day of September and 
the first day of January only: Provided further, That it 
shall be lawful to kill snipe, plover, rail and shore birds, 



88 State of Washington 

geese and brant during the months of March, April and 

May along the ocean beach, and five miles inland thereof, 

in Pacific, Chehalis, Clallam, Jefferson and San Juan 

counties. (2 Rem. & Bal. Code, § 5363.) 

(Penalty, see sections 201 and 203 ; Columbia and Snake rivers, 
see following section ; bag limit, see section 197 ; imported game 
birds, see section 191.) 

196. Unlawful to Hunt Geese, Brant or Other Water Fowl 

on Columbia or Snake Rivers. 

It shall be unlawful to hunt, pursue, catch or kill any 
of the geese, brant or other water fowl upon the Columbia 
or Snake rivers within this state, or within one-half mile 
of its shore throughout the following named counties: 
Klickitat, Walla Walla, Franklin, Yakima, Kittitas, Doug- 
las, Columbia, Garfield and Whitman counties. (2 Rem. & 
Bal. Code, § 5363%.) 

(Penalty, see section 182.) 

197. Water Fowl — Shore Birds — Bag Limit. 

Every person who shall, within the State of Washington, 
during the season when it is lawful to hunt the same, kill 
more than twenty snipe, ducks, geese or brants in one 
day, or fifty in any one week, shall be guilty of a misde- 
meanor, and upon conviction thereof shall be punished as 
hereinafter provided; it being the intention hereof to limit 
bags for one day to twenty and the limit of bags for one 
week to fifty of the above mentioned birds, no matter how 
many varieties of those birds are included in the said bag. 
(2 Rem. & Bal. Code, § 5364.) 

(Penalty, see sections 201 and 203 ; see following section.) 

198. Number to Be Killed Limited. 

Provided, That the above mentioned birds shall not be 
fired at from any gasoline or naptha [naphtha] launch, 
steam launch, or other boat propelled otherwise than by 
hand. 

(Part of section 6, p. 96, Laws 1903, apparently still in force.) 



Fish, Oyster and Game Laws 89 

199. Sales and Possession Prohibited. 

Every person, company, club, partnership, firm or cor- 
poration, boarding-house keeper, hotel-keeper, restaurant- 
keeper, market-keeper, or cold storage plant, their owners, 
proprietors, officers, managers, agents or servants, who 
shall offer for sale or for market or barter for, or exchange, 
or keep in their possession at any time of the year, any 
deer, moose, caribou, antelope, mountain sheep or moun- 
tain goat, species of any kind of the various kinds of 
quail or the various kinds of Chinese, English or Mongolian 
pheasants, grouse, native pheasants, ptarmigan, partridge, 
Hungarian partridge, prairie chickens, sage hens, or any 
kind of wild duck, goose, swan, brant, rail, plover or game 
shore birds, or any portion of the meat of said animals or 
birds, shall be guilty of a misdemeanor. Possession by 
the above-named persons or corporations of any of the ani- 
mals or game birds mentioned or named herein, or any of 
the meat of the same, shall be presumptive evidence that 
said animals, birds, or the meat of the same was unlaw- 
fully taken by the person having possession of the same, 
and upon conviction thereof shall be punished as herein- 
after provided: Provided, That any person may have in 
his possession, or in cold storage, for his own use only, 
the number and kinds of animals and birds permitted to 
be taken by this act, during the time the same may be 
taken: Provided, The same were taken by the person so 
having them in his possession, or obtained by gift for his 
use only, or otherwise taken as provided in the previous 
section of this act: Provided further, That nothing in 
this act shall be construed to prevent the sale of hides or 
horns of deer, moose, elk, caribou, mountain sheep or 
mountain goat species, killed at or within the times when 
it is lawful to kill the same and which have been killed 
in a lawful manner. (2 Rem. & Bal. Code, § 5365.) 

(Penalty, see sections 201 and 203 ; searches and evidence, see 
section 188.) 



90 State of Washington 

200. Each Killing an Offense. 

The killing of any bird or single animal protected by 
the laws of the state shall constitute an offense, and each 
bird or animal so killed shall constitute a separate offense. 
(2 Rem. & Bal. Code, § 5366.) 

(Penalty, see sections 201 and 203.) 

201. Conviction — Revocation of License. 

The holder of a hunter's license issued in any county, 
or by the State of Washington, who shall be convicted of 
violating any of the game laws shall have his license re- 
voked for the balance of the year. (2 Rem. & Bal. Code, 
§ 5367.) 

202. Disposition of Fines — One-Half to Informer. 

Every person other than a regular salaried game war- 
den or peace officer entering a complaint that any of the 
provisions of this act are violated and a conviction is 
secured thereon, shall be entitled to one-half of the fine 
imposed and collected by the court in such action: Pro- 
vided, That said reward to the informer shall never ex- 
ceed the sum of twenty-five dollars. (2 Rem. & Bal. Code, 
§ 5368.) 

("This act" refers to sections 193-203, except 196 and 198, and 
to laws superseded by sections 187-192.) 

203. Penalty. 

Every person violating any of the provisions of this act 
shall be deemed guilty of a misdemeanor. (2 Rem. & Bal. 
Code, § 5369.) 

("This act," see note to preceding section.) 

204. Elk— Unlawful to Hunt. 

After the passage of this act and until October 1, 1915, 
it shall be unlawful to hunt, pursue, capture or kill any of 
the elk (cervus alces or cervus conadensis) within the 
State of Washington. After 1915 it shall be unlawful to 
hunt, pursue, capture or kill any of the elk (cervus alces 



Fish, Oyster and Game Laws 91 

or cervus conadensis) within the State of Washington be- 
tween the first day of November of any year and the fif- 
teenth day of September of the following year. No person 
shall within the State of Washington during the season 
when it is lawful to kill the same, kill more than one of 
the male elk (cervus alces or cervus conadensis). Any 
person violating any of the provisions of this section shall 
be deemed guilty of a misdemeanor and upon conviction 
thereof shall be fined not less than one hundred dollars 
($100) nor more than five hundred dollars ($500), or be 
imprisoned in the county jail not less than thirty days nor 
more than ninety days, or by both such fine and imprison- 
ment in the discretion of the court. (2 Rem. & Bal. Code, 
§ 5370.) 

(Penalty, see section 182 ; see note to section 187.) 

205. Beaver — Unlawful to Hunt. 

Every person who shall in any manner hunt for, trap, 
catch, or kill any beaver in any of the counties of the State 
of Washington until September 30, 1914, or have the same 
in his possession, alive or dead, shall be fined not less 
than fifty dollars nor more than one hundred dollars for 
each beaver so trapped, taken, caught, or killed, and the 
possession by any person of any untanned beaver skin or 
hide, shall be prima facie evidence of a violation of this 
section. (2 Rem. & Bal. Code, § 5371.) 

206. Export Prohibited. 

Every steamboat company, railroad company, express 
company, or other common carrier, their officers, agents 
and servants and every other person who shall transfer, 
carry or take out of this state, or who shall receive for the 
purpose of transferring from this state any of the wild game 
birds or animals enumerated in this act, shall be guilty of 
a misdemeanor and upon conviction thereof shall be pun- 
ished as hereinafter provided: Provided, That upon the 
granting of a similar privilege by the legislature of the 



92 State of Washington 

State of Oregon or Idaho to the citizens or residents of the 
State of Washington, nothing in this section shall be con- 
strued to prevent any citizen or resident of the State of 
Oregon or Idaho from personally taking with him any game 
to the limit of one day's hunt, killed by himself, in the 
State of Washington, when it is lawful to take and kill 
the same; but this provision shall be strictly construed, and 
the burden of the proof shall be upon the person taking 
with him such game to establish the fact that the same 
was personally killed by himself: Provided, That nothing 
in this section shall be construed to prevent any steamboat 
company, express company, railroad company, or other 
common carrier, their officers, agents or servants, from 
receiving any of the game birds or animals enumerated in 
this act from transferring them from one point to another 
point within this state when said game birds or animals 
are accompanied by the affidavit of the shipper that the 
same is not shipped for sale or profit. (2 Rem. & Bal. 
Code, §5372.) 

(See following section and section 208 ; penalty, see section 185.) 

207. Taking Game from State. 

Every non-resident or non-resident alien who shall have 
procured a license to hunt in this state, shall be entitled 
to take from the state all game animals killed by him, not 
to exceed the number of each of said game animals as is 
allowed by law to be killed in any one year, and game 
birds killed by him not to exceed the number allowed by 
law to be killed by any person in any one day; but before 
any person shall be entitled to take any such game out 
of this state he shall make an affidavit before a notary 
public or other officer having a seal, stating that the game 
to be so removed from the state was killed by him in a 
lawful manner, and that the said game is not being ex- 
ported for the purpose of sale. Such affidavit shall de- 
scribe said animals or birds and shall be attached to said 



Fish, Oyster and Game Laws 93 

animals or birds while in transit from the state. (2 Rem. 
& Bal. Code, § 5373.) 

(Penalty, see section 182 ; see sections 199, 206 and 208.) 

208. Shipment or Transportation of Game Birds from San 

Juan and Island Counties. 

Any person, persons or corporation who shall take away„ 
ship or transport from the islands comprised within the 
limits of the boundaries of either San Juan or Island coun- 
ties in the State of Washington, any quail or bob white, or 
any Chinese, English, golden, Reeves, Mongolian, silver, 
black neck, or Japanese pheasants shall be guilty of a mis- 
demeanor, and upon conviction of any violation of the pro- 
visions of this act, shall be punished by a fine of not less 
than ten dollars ($10) or more than one hundred dollars 
($100) for each offense, or imprisonment in the county 
jail for a period of not less than thirty days, nor more 
than six months, or by both fine and imprisonment in the 
discretion of the court. (2 Rem. & Bal. Code, § 5374.) 

209. Each Shipment Separate Offense. 

Each bird so shipped, taken away, or transported from 
said islands as aforesaid shall constitute a separate offense 
under this act. (2 Rem. & Bal. Code, § 5375.) 

(See preceding section.) 

210. Not Applicable to Breeders. 

The provisions of this act shall not apply to any person, 
or persons or corporation who may be engaged, or shall 
hereafter be engaged in the business of propagation, rais- 
ing or breeding of any aforesaid described birds; or to any 
of said birds which may have been propagated, bred and 
raised in captivity for commercial or domestic purposes. 
(2 Rem. & Bal. Code, § 5376.) 

("This act" refers to sections 208-211.) 



94 State of Washington 

211. Applies to Wild Game Birds Only. 

This act only applies and is intended to apply to wild 
game birds, such as have been described herein. (2 Rem. 
& Bal. Code, § 5377.) 

(See note to preceding section.) 

212. Sale of Game Fish or Game — When Permitted. 

It shall be lawful for the owner of any game bird, game 
fish or game animal who has propagated the same or pur- 
chased the same from persons who have propagated them 
to sell or dispose of by gift for propagation purposes only, 
and to ship the same at any season of the year. (2 Rem. & 
Bal. Code, §5378.) 

(See section 189). 

FISH. 

213. Game Fish — Sale Prohibited. 

It shall be unlawful for any person to sell or offer for 
sale or for any person to purchase any trout, bass, or other 
game fish at any season of the year: Provided, That this 
section shall not apply to fish taken from private hatch- 
eries. (2 Rem. & Bal. Code, § 5379.) 

(Penalty, see section 225 ; see sections 214 and 218.) 

214. Trout — Closed Season — Implanted Food Fishes. 

Every person who shall, within the State of Washington, 
during the months of November, December, January, Feb- 
ruary and March of each year, take, catch, kill or have in 
their possession any brook trout [or] mountain trout shall 
be deemed guilty of a misdemeanor. Every person who 
shall take, catch, kill or have in their possession any of 
the food fishes implanted in the creeks, rivers, lakes or 
bays of the State of Washington, except for prapagating 
the same, for a period of three years after the same shall 
have been implanted, shall be guilty of a misdemeanor. 
(2 Rem. & Bal. Code, § 5380.) 

(Silver lake, see section 230; stocked streams, see section 190; 
penalty, see section 217 ; closed seasons in certain counties, see 
sections 222, 226, 227.) 



Fish, Oyster and Game Laws 95 

215. Trout to Be Taken with Hook and Line Only. 

Every person who shall within the State of Washington, 
take, catch or destroy, with any seine, net, weir, trap, or 
other decive other than hook and line any mountain trout, 
brook trout, bull trout, or salmon trout, in any of the 
waters of the State of Washington, shall be guilty of a mis- 
demeanor. (2 Rem. & Bal. Code, 5381.) 

(Penalty, see section 217.) 

216. Presumption of Unlawful Taking from Possession. 
Every person who shall, within the State of Washing- 
ton, have in his possession any of the . . . fish men- 
tioned in section 214 hereof, at any time when by any of 
said sections it is made unlawful to take or kill the same, 
shall be guilty of a misdemeanor; and proof of possession 
by any person of the aforesaid . . . fish, when it is 
unlawful to take or kill the same, shall be prima facie evi- 
dence that the . . . fish were unlawfully taken or killed 
by the person having possession of the same, within the 
county wherein the same may be found. (2 Rem. & Bal. 
Code, § 5382.) 

(Penalty, see section 217.) 

217. Penalty for Violation. 

Every person who shall, within the State of Washington, 
be convicted of a violation of any of the provisions of sec- 
tions 214 and 215, shall be punished by a fine of not less 
than ten dollars and not more than three hundred dollars, 
together with the costs of prosecution, or imprisonment in 
the county jail where the offense is committed not less 
than five days nor more than three months, or both such 
fine and imprisonment. One-half of all moneys collected 
from such fines for a violation of any of the provisions of 
said sections shall be paid to the informer, and one-half 
to the county in which the case is prosecuted. (2 Rem. & 
Bal. Code, § 5383.) 



96 State of Washington 

218. Protection of Bass, Perch, Pickerel and Pike — Closed 

Season. 

It shall not be lawful for any person or persons to take, 

capture, catch or kill in any of the lakes or streams in this 

state, or have in their possession after the same has been 

taken, captured, caught or killed, any bass, perch, pickerel 

or pike, between the 15th day of May and the 1st day of 

July of each and every year. (2 Rem. & Bal. Code, § 5384.) 

(Penalty, see section 220 ; see section 213 ; Silver lake, see sec- 
tion 230 ; in certain counties, see sections 222 and 226. ) 

219. Bass, Perch, Pickerel and Pike to Be Taken Only with 

Hook and Line. 

It shall not be lawful at any time to take, capture, catch 
or kill any bass, perch, pickerel or pike in any of the 
lakes or streams of this state by the use of any device or 
in any other manner than with hook and line. (2 Rem. & 
Bal. Code, §5385.) 

(Penalty, see following section; see preceding section.) 

220. Penalty. 

Upon conviction of any violation of the two preceding 
sections the person or persons so convicted shall be pun- 
ished by a fine of not less than ten dollars, nor more than 
fifty dollars. (2 Rem. & Bal. Code, § 5386.) 

221. Fish Commissioner May Take Game Fish. 

It shall be lawful at all times for the State Fish Com- 
missioner, the general superintendent of state fish hatch- 
eries, and assistants, to take trout and other game fish by 
means of hook and line or nets at any place within one 
mile of any state fish hatchery operated for the propaga- 
tion of salmon: And provided, That the provisions of this 
section shall also apply to superintendents of salmon 
hatcheries operated by the United States bureau of fisheries 
in this state. (2 Rem. & Bal. Code, § 5387.) 



Fish, Oyster and Game Laws 97 

222. Closed Season— Trout, Bass, Perch, Pickerel and Pike 

in Counties Lying East of Western Boundary of 
Okanogan, Chelan, Kittitas, Yakima, and Klickitat. 
It shall be unlawful for any person in the State of 
Washington in any of the counties lying east of the west- 
ern boundary of the counties of Okanogan, Chelan, Kitti- 
tas, Yakima, and Klickitat, to take, capture, catch or kill 
in any of the lakes or streams therein, or have in their 
possession after the same has been so unlawfully taken, 
any trout, bass, perch, pickerel or pike, between the first 
day of November and the first day of May of the following 
year. (2 Rem. & Bal. Code, § 5388.) 

(Penalty, see section. 225 ; other closed seasons, see sections- 
214, 218, 226, 227.) 

223. Minimum Size of Trout. 

It shall be unlawful for any person at any time to take,, 
capture, catch or kill any trout except native mountain 
brook trout or bass in the waters hereinabove described 
which shall be less than six inches in length, and any such 
fish which may be accidentally caught shall be immediately 
returned to the water. (2 Rem. & Bal. Code, § 5389.) 

(Penalty, see section 225.) 

224. Number Which May Be Caught. 

It shall be unlawful for any person to take, capture, 

catch or kill more than twenty pounds of trout, bass or 

perch in any one day and no person shall have in his or 

her possession at any time more than thirty pounds of such 

trout, bass or perch, which may have been caught in the 

waters above described. (2 Rem. & Bal. Code, § 5390.) 

("Waters above described" refer to sections 213, 222, 223, 225,. 
226.) 

225. Penalty. 

Any person who shall violate any of the provisions of 
this act shall be guilty of a misdemeanor and upon con- 
viction shall be fined not less than ten dollars nor more 

—7 



98 State of Washington 

than two hundred dollars, together with the costs of prose- 
cution of such action, and in default of the payment of any 
fine imposed under this act, shall be imprisoned in the 
county jail one day for each two dollars of such fine. (2 
Rem. & Bal. Code, § 5391.) 

("This act" refers to sections 213, 222, 223, 224 and 226.) 

226. Coes Not Apply to Garfield and Columbia Counties. 

Provided, That this act shall not apply to Garfield or 
Columbia counties. (2 Rem. & Bal. Code, § 5392.) 
("This act," see note to preceding section.) 

227. Providing a Closed Season for Trout Fishing in 

Chelan County and Lake Chelan. 

It shall not be lawful for any person or persons to take, 

capture, catch or kill from any of the lakes or streams 

within the county of Chelan, or to have in their possession 

after the same have been taken, captured, caught or killed, 

any trout between the first day of April and the tenth day 

of June in each year: Provided, That it shall be lawful to 

take with hook and line only, from Lake Chelan in said 

county, at any time of the year, except between the 1st day 

of April and the 10th day of June, trout not exceeding in 

amount that which shall be actually used as food at home 

or in camp along the shore of said lake: And provided 

further, That it shall be unlawful to waste, sell, salt or 

pack for future use any trout taken from any of the waters 

of said Chelan county: And provided further, That it shall 

be unlawful for any person to fish with spawn or trout eggs 

in said lake or any of the streams emptying into it, and 

that it shall be unlawful to fish or to take fish in any way or 

at any time from any stream tributary to Lake Chelan on 

which a state hatchery is located. (2 Rem. & Bal. Code, 

§ 5393.) 

(Penalty, see following section ; closed seasons, see sections 214, 
218, 222, 230.) 



Fish, Oyster and Game Laws 99 

228. Penalty. 

Any person violating the provisions of the last section 
shall be guilty of a misdemeanor and subject to a fine of 
not less than twenty-five dollars ($25) nor more than one 
hundred dollars ($100). (2 Rem. & Bal. Code, §5394.) 

229. Repeal. 

All other laws relating to the closed season for trout 
and other game fish shall be inoperative in the said county 
of Chelan after passage of this act. (2 Rem. & Bal. Code, 

I 5395.) 

("This act" refers to sections 227, 228 and 229.) 

230. Silver Lake, Cowlitz County — Season — How Caught — 

Number. 
Every person who shall — 

1. Fish for or catch black bass or perch in the waters 
of Silver Lake, in Cowlitz county, between the 15th day 
of April and the 15th day of June in any year, or 

2. Fish for, or catch black bass or perch in the waters 
of such lake at any time except with hook or line, or 

3. Catch more than twelve black bass or twenty-five 
perch in the waters of such lake, in any one day, 

— shall be guilty of a misdemeanor. (Ch. 50, Laws 1911.) 
(See sections 213, 214 and note thereto, and 218, 222 and 227.) 

BOUNTIES FOR CERTAIN ANIMALS— BY COUNTIES. 

231. Counties May Offer Bounties for Certain Wild Ani- 

mals. 

The county commissioners of the several counties of 
this state are hereby authorized to offer and pay out of 
the county funds of the county treasury a bounty for the 
scalps of cougars, or panthers, or mountain lions, black or 
cinnamon bears, wildcats, black and gray wolves, musk- 
rats, squirrels, lynx, and coyotes. (2 Rem. & Bal. Code, 
§ 3587.) 

(State bounties, see section 237 et seq.) 



100 State of Washington 

232. Maximum Amount of Bounties. 

The bounty provided for in this act, shall not exceed, for 
each scalp, as follows: For each mountain lion, cougar or 
panther, not more than five dollars; for each black or cinna- 
mon bear, not more than four dollars; for each black or 
gray wolf, not more than five dollars; for each wildcat, not 
more than two dollars; for each coyote, not more than one 
dollar; for each lynx, not more than two dollars; for each 
muskrat caught within fifty yards of any dike or dam, not 
less than ten nor more than twenty cents ; for each squirrel, 
not more than five cents: Provided, That in the county of 
Clarke, the board of commissioners may offer and pay 
double the amount specified as a bounty for killing the 
animals named. (2 Rem. & Bal. Code, § 3588.) 

("This act" refers to sections 231-236; see note to section 231.) 

233. Rate of Bounty Offered — How Determined. 

Whenever, in the opinion of the board of county com- 
missioners, it shall be necessary to offer a bounty as pro- 
vided in this act, they shall so order in open court and 
cause the order to be spread upon the minutes of the ses- 
sion. Said order shall fix the rate to be offered by the 
county for scalps, and may contain anything else necessary 
for carrying out and not inconsistent with the provisions 
of this act. (2 Rem. & Bal. Code, § 3589.) 

("This act" refers to sections 231-236; see note to section 231.) 

234. Notice of Bounty Offered. 

It shall be the duty of the county auditor, whenever the 
county commissioners shall order that a bounty shall be 
paid, as provided in the preceding section, to give notice of 
the order of the board by posting, or causing to be posted, 
one notice in each precinct in the county; said notice shall 
state the amounts fixed by the board per scalp for each 
animal. (2 Rem. & Bal. Code, § 3590.) 

235. Payment of Bounties — Auditor's Record. 
Whenever any person shall have any scalp of any ani- 
mal named in this act upon which they wish to obtain 



Fish, Oyster and Game Laws 101 

bounty, they shall present the same to the county auditor, 
whose duty it shall be to examine the same, and ascertain 
if they have both ears upon them, and such person shall 
also present to the auditor a bill certified by affidavit that 
the animal or animals were killed within the county, and 
that it is just and correct; said bill shall be audited by 
the county auditor, and presented to the board of county 
commissioners at their next regular meeting, whose duty 
it shall be to order the same paid out of the treasury in 
like moneys (manner) as other claims against the county. 
It shall also be the duty of the auditor to keep a book 
provided for the purpose, in which he shall enter the 
names of all persons presenting scalps, the number and 
kind presented, and, after allowance by the board, the 
amount allowed to each person, which book shall be pre- 
sented at each regular session for their examination and 
approval. The said auditor shall destroy said scalps, and 
return the proceedings to each regular session of the board 
of county commissioners. (2 Rem. & Bal. Code, § 3591.) 
("This act" refers to sections 231, 236; see note to section 231.) 

236. Offers of Bounties Revocable. 

The county commissioners may, at any regular term of 
the court, revoke their orders offering bounty for scalps. 
(2 Rem. & Bal. Code, § 3592.) 

BY STATE. 

237. Bounties on Cougar, Wild-Cat, Lynx, Coyote and 
Timber Wolf. 

Any person who shall kill any cougar, lynx, wild- cat, 
coyote or timber wolf in the State of Washington shall be 
entitled to a bounty therefor as follows: For each cougar, 
twenty dollars ($20.00) ; for each lynx or wild-cat, five dol- 
lars ($5.00); for each coyote, one dollar ($1.00); and for 
each timber wolf, fifteen dolalrs ($15.00). (2 Rem. & Bal. 
Code, § 3593.) 

(County bounties, see sections 231-236.) 



102 State of Washington 

238. Evidence of Killing — Burning. 

Upon the production to the county auditor of any county 
of the entire hide or pelt and right fore leg to the knee 
joint intact of any cougar, lynx, wild-cat, coyote or timber 
wolf, killed in such count}'', each of which hides or pelts 
shall show two ears, eye holes, skin to tip of nose, and 
right fore leg to the knee joint intact, the county auditor 
shall require satisfactory proof that such animal was killed 
in such county. When the county auditor is satisfied that 
such animal was killed in his county, he shall cut from 
such hide or pelt the bone of the right fore leg to the knee 
as aforesaid which shall be burned in the presence of 
such auditor and one other county official, who shall certify 
to the date and place of such burning. (2 Rem. & BaL 
Code, § 3594.) 

239. Fraud — Penalty. 

Any person or persons obtaining or attempting to obtain 
said bounty on the hide or pelts of any cougar, wild-cat, 
lynx, coyote or timber wolf, killed more than thirty days 
prior to the date of obtaining or attempting to obtain said 
bounty or that was killed outside of the boundaries of the 
county in which the same was offered, or make any other 
false or fraudulent representation for the purpose of ob- 
taining such bounty, shall be guilty of a felony and upon 
conviction thereof shall be imprisoned in the state peni- 
tentiary for a period of time not to exceed five years, or 
shall be punished by a fine of not less than five hundred 
dollars nor more than five thousand dollars, or by both 
such fine and imprisonment at the discretion of the court. 
(2 Rem. & Bal. Code, § 3595.) 

240. State to Credit County for Bounties Paid. 

The amount paid by any county for scalps under this 
act shall be credited to it by the State Auditor upon receipt 
by the State Auditor of a sworn statement from the county 
auditor as to the amount of warrants issued under the pro- 



Fish, Oyster and Game Laws 103 

visions of this act in said county, which statement shall be 
rendered to the State Auditor by each county quarterly, 
and the State Auditor shall make a charge against the gen- 
eral fund of the state for any such credits: Provided, 
That the credits herein provided for shall not exceed 
twenty-five thousand dollars ($25,000) for each biennial 
period. (2 Rem. & Bal. Code, § 3596.) 
("This act" refers to sections 237-240.) 

240y 2 - Seals and Sea-Lions — Amount of Bounty. 

There shall be paid a bounty in the sum of one dollar 
for the killing of each common seal (phoca vitulina) and 
the sum of two dollars and fifty cents for the killing of 
each sea-lion, when killed within the waters of the State of 
Washington, or within the waters of the Pacific ocean 
within one marine league of the Washington shore: Pro- 
vided, however, That no more than twenty-five hundred 
dollars shall be paid in any year as bounty under the pro- 
visions of this act. (2 Rem. & Bal. Code, § 3597.) 

("This act" refers to sections 240-243.) 

241. Affidavit of Killing. 

Any person killing or causing to be killed within the 
waters of the State of Washington, or within the Pacific 
ocean within one marine league of the Washington shore, 
any common seal (phoca vitulina), or any sea-lion, shall 
scalp or cause to be scalped said seal or sea-lion and shall 
take the scalp to the Fish Commissioner of the State of 
Washington, or any deputy, and shall make an affidavit 
that the animal from which the scalp was taken, was 
killed within the State of Washington, or in the Pacific 
ocean within one marine league of the Washington shore, 
together with the date of killing, which said affidavit shall 
be in the following form: 
State of Washington, County of , ss. 

I, (A. B.), being first duly sworn, on oath depose and 
say, that I killed (in case the party making the affidavit 
did not kill, then he must include herein that he saw killed,. 



104 State of Washington 

and here insert the kind killed and the place and. time 
when killed), said animals, within the State of Washing- 
ton, or (if in the waters of the Pacific ocean), within one 
marine league of the Washington shore, and that the 
scalp or scalps, which are here presented, are the identical 
scalps taken from said animals and which animals were 
killed within the year 190 . . 

Signed, 

Subscribed and sworn to before me this day of 

, 190.. 

Fish Commissioner of the State of Washington. 
That thereupon said Fish Commissioner, or his deputy 
shall immediately investigate the truth of said affidavit 
and all allegations therein, and shall be authorized to de- 
mand additional evidence, and the Fish Commissioner and 
any deputy appointed by him, is hereby authorized to ad- 
minister oaths and take the affidavit hereinbefore provided. 
(2 Rem. & Bal. Code, § 3598.) 

242. Surrender of Scalps — Certificate — Scalps to Be De- 
stroyed. 

The party killing said animals and presenting said affi- 
davit mentioned in the preceding section shall be required 
to deliver all scalps to the Fish Commissioner, or the 
deputy taking the affidavit. Thereupon the Fish Commis- 
sioner, upon being satisfied the party making the affidavit 
actually killed or caused to be killed the number of ani- 
mals named in his affidavit, and the scalps presented are 
in number identical with the number and kind stated in 
the affidavit, and all delivered to the Fish Commissioner, 
shall issue a certificate in duplicate which shall be in the 
following form: 
State of Washington, County of , ss. No 

This is to certify, that has satisfactorily 

proved to me that he killed within the waters 



Fish, Oyster and Game Laws 105 

of the State of Washington, and is entitled to receive from 
the State Treasurer the sum of therefor. 

» 

Fish Commissioner of the State of Washington. 
Provided, That in case the affidavit and scalps herein 
provided are presented to a deputy fish commissioner, the 
deputy shall investigate the statements contained in said 
affidavit, and he shall forward the said affidavit, together 
with his report in writing thereon, to the Fish Commis- 
sioner, and the Fish Commissioner shall thereupon in- 
vestigate the same and if satisfied of the truth of said 
affidavit, shall issue the certificate hereinbefore men- 
tioned, but the deputy fish commissioner shall not destroy 
the scalps delivered to him until the Fish Commissioner 
issues the certificate. No deputy shall be permitted to 
issue any certificate hereunder. Each certificate and dupli- 
cate shall be correctly and consecutively numbered, the 
original shall be delivered to the party making the affi- 
davit, and the duplicate shall be numbered the same as 
the original and shall be immediately forwarded to the 
State Auditor to be filed in his office. The party receiving 
such (such) certificate, or his assigns or order, upon pres- 
entation of such certificate to the State Auditor shall be 
entitled to be paid the amount thereof and the State 
Auditor upon said certificate being presented to him shall 
compare the same with the duplicate thereof and if found 
in all respects correct shall issue a warrant for the amount 
thereof. The Fish Commissioner shall immediately after 
issuing the certificate hereinbefore mentioned, destroy all 
scalps presented, but shall preserve and keep of record all 
affidavits, and shall keep correct record of the number and 
amount of each certificate issued, in a book provided for 
that purpose, and when the total amount of certificates 
issued shall equal twenty-five hundred dollars ($2,500) in 
any one year, no more certificates shall be issued for that 
year, and no further bounty paid for that year. (2 Rem. 
& Bal. Code, § 3599.) 



106 State of Washington 

243. Scalp, What Is. 

A scalp, referred to in this act, shall consist of both 
ears, of the seal or sea-lion, connected by a strip of skin 
that grew between them, at least two inches wide, intact. 
(2 Rem. & Bal. Code, § 3600.) 

("This act" refers to sections 240-243.) 



Fish. Oyster and Game Laws 107 



APPENDIX. 



RULES GOVERNING THE DREDGING OF OYSTERS. 

Pursuant to section 135 hereof, the following rules and 
regulations have been adopted by the Fish Commissioner 
governing the dredging for oysters as above stated: 

Rule 1. No dredging for oysters shall be done in any 
of the waters of the State of Washington of a depth less 
than 18 feet at mean low tide. 

Rule 2. All dredging for oysters within the waters 
above stated shall be done between the hours of 6 o'clock 
in the forenoon and 6 o'clock in the afternoon of each day. 

Rule 3. No person shall use steam, electricity or any 
other mechanical or artificial force or power to operate 
any dredging appliances unless specifically so stated in 
any permit issued under above law and these rules and 
regulations. 

Rule 4. Any person desiring to operate a dredge under 
the provisions of this law and these regulations shall apply 
to the Fish Commissioner for a permit so to do, on blanks 
to be furnished by the Fish Commissioner, and shall state 
with reasonable certainty the locality in which said dredge 
or dredges are to be operated. 

Upon application, as above stated, by any person, a 
permit will be issued by the Fish Commissioner for said 
dredges for the purpose of taking oysters as provided by 
law, which shall entitle the holder to operate said dredge 
for the period of one year in the waters of this state where- 
in such appliance is not prohibited by law. 

A fee of $2.50 will be charged for the issuing of above 
permit for each and every dredge operated. All permits 



108 State of Washington 

under foregoing law and regulations shall be subject to 
any future regulations that may be adopted by the Fish 
Commissioner to govern the operation of said dredges. 

Rule 5. . All such permits shall be subject to revoca- 
tion at any time by the Fish Commissioner for any viola- 
tion of law or the rules of the Fish Commissioner. 



INDEX TO SUBJECTS. 



CLAMS. Page. Par. 

Digging for sale. . . . 44 85 

Penalty 44 86 

Sale of prohibited, when 44 35 

Sale of prohibited 58 122 

CRABS. 

Taking for sale or canning unlawful, when 45 ,87 

Size, unlawful to take for sale or canning 45 88 

Penalty 45 89 

Sale of prohibited, when. 45 87 

Sale of prohibited 58 122 

Spearing of crabs unlawful, penalty 45 90 

BOUNTIES. 
Bounties. Sections 231 to 243, pages 99 to 107. 

FISH COMMISSIONER. 

Arrests 4 6 

Abatement of fishing appliances used illegally 14 35 

Boats, seines, etc., may be confiscated 14 36 

Deputy Fish Commissioners, appointment 3 3 

Deputy Fish Commissioners, bonds of 5 10 

Deputy Fish Commissioners, compensation of 5 9 

Deputy Fish Commissioners, instructions to 5 10 

Deputy Fish Commissioners, term of 3 3 

Expenses shall be audited 7 14 

Fines and disposition thereof 38 70 

Fish Commissioners, appointment 3 1 

Fish Commissioner, bond of 3 2 

Fish Commissioner, Attorney General may assist 6 11 

Fish Commissioner, compensation of 5 9 

Fish Commissioner, duty of 3 4 

Fish Commissioner, inspection of canneries 4 5 

Fish Commissioner, may take game fish 96 221 

Fish Commissioner, member of oyster commission.... 47 92 

Fish Commissioner, oath, may administer 39 74 

Fish Commissioner, report of 5 8 

Fish Commissioner, reports to 39 73 

Fish Commissioner, report to 11 28 

Fish Commissioner, reports to, confidential 39 76 



110 Index to Subjects 

Page. Par. 

Fish Commissioner, streams may be closed by 37 68 

Fish Commissioner, term of 3 1 

Fish Commissioner, as State Game Warden 65 140 

Fish Commissioner, as State Game Warden, powers of. 65 141 

Fish Commissioner, as State Game Warden, reports of. 65 142 

Resisting an officer, punishment for 4 7 

Special deputy may be appointed l. . . . 6 12 

Special deputy, compensation of 6 13 

FISH HATCHERIES, STATE. 

Board of Fish Commissioners, member of 7 15 

Board of Fish Commissioners, compensation of 8 19 

■ Control of hatcheries 8 18 

Establishment of hatcheries 7 16 

Fund, hatchery 38 69 

Location of hatcheries 7 17 

FISH HATCHERIES, PRIVATE. 

Defined 1.0 24 

Fund into which license fee is paid 12 31 

License fee . 10 " 27 

License fee for buying, packing, etc 11 29 

Passageway for migratory fish 9 23 

Passageway for boats, logs, etc 9 23 

Penalty 12 32 

Reports to Fish Commissioner 11 28 

Riparian proprietor may establish 9 22 

Sale of fish from — conditions 10 25 

Tags or brands on fish sold from 12 33 

Unlawful to take fish from without consent of proprietor 11 30 

When fish from may be sold 10 26 

GAME LAWS OTHER THAN RELATING TO FISH. 

Breeders of quail, pheasants, etc 93 210 

Beaver, killing prohibited, when 91 205 

Birds, upland — seasons — places 85 193 

Birds, upland, bag limit 86 194 

Birds, shore — seasons — places 87 195 

Birds, shore, bag limit 88 197 

Deer or caribou, killing of prohibited, when 83 187 

Deer on islands, hunting of prohibited 72 157 

Deer on islands, open season 73 158 

Ducks, crane, snipe and swan, killing prohibited, when. 87 195 

Dogs, use of prohibited, certain counties excepted.... 79 179 

Establishment of game preserves on islands 71 153 

Ensnaring and trapping prohibited 80 181 



index to Subjects 111 



Page. Par. 

Elk, killing prohibited, when 90 204 

Elk, moose, antelope, etc., killing prohibited, when.... 89 199 

Fire hunting, trapping and ensnaring prohibited 79 178 

Fines, disposition of for violations on island game pre- 
serves 72 156 

Fund, state 70 150 

Exportation of wild game birds and animals prohibited 91 206 

Game, taking from state 92 207 

Game, sale of 84 189 

Game, possession of — presumptive evidene of guilt.... 82 185 

Game birds, imported, unlawful to hunt 85 191 

Geese, brant and other water fowl — seasons — places . . 87 195 

Geese, brant and other water fowl, bag limit 88 197 

Geese, brant and other water fowl, hunting prohibited 

on Columbia and Snake rivers 88 196 

Grouse, partridge, prairie chicken, etc., killing prohib- 
ited, when 85 193 

Pheasants and other birds, killing prohibited, when... 85 193 

Partridge, Hungarian, unlawful to kill 85 193 

Hides, killing for prohibited 79 177 

Hunting on certain islands prohibited 73 159 

Hunting prohibited on island game preserves created by 

county 70 154 

Hunting on Lake Washington prohibited 74 162 

Killing an offense 90 200 

License fee for hunting 69 149 

License, unlawful to hunt without 69 149 

License, penalty for hunting without 70 151 

License, revocation of 90 201 

License to aliens to carry firearms 70 152 

Nests, destroying or removing eggs from prohibited. ... 73 160 

Nest robbery prohibited 81 183 

Officers may search 83 188 

Pierce county game preserve 75 165 

Prospectors, when penalty does not apply 80 180 

Pheasants and quail may not be transported from San 

Juan and Island counties 93 208 

Quail, killing, prohibited, when 85 193 

Sneak boats 82 186 

Sneak boats, sink boxes, etc., use of prohibited 81 184 

Evidence and penalty relating to above 82 185 

Song birds, taking or possession of prohibited 84 188 

Sales and possession of game and game birds prohibited 89 199 

When informer receives one-half the fine 90 202 

Unlawful to discharge rifle on Pierce county reserve.. 75 166 



112 Index to Subjects 

WILD BIRDS, OTHER THAN GAME BIRDS. 

Page. Par. 

Killing or possession of prohibited 76 170 

Destrution of nests and eggs prohibited 77 171 

Penalty relating to above 77 172 

Penalty, scientific purposes — exemption 78 j.73 

Scientific purposes, certificate for 78 174 

Scientific purposes, certificate, terms of 78 175 

Scientists excepted 75 164 

Penalty, exception as to certain birds 70 176 

Seagulls, protection of 76 167 

Penalty relating to above 76 168 

Jurisdiction of courts relating to above 76 169 

GAME LAWS RELATING TO THE TAKING OF FISH. 

Bass, perch, pickerel and pike, when unlawful to take. 96 218 
Bass, perch, pickerel and pike, to be taken only with 

hook and line 96 219 

Bass, perch, pickerel and pike, penalty for violating pro- 
visions relating to 96 220 

Bass, perch, pickerel and pike, closed season in cer- 
tain counties , . . 97 222 

Bass, perch, etc., number which may be taken 97 224 

Citizenship, how determined 26 55 

Citizenship, certificate of, fee for 27 57 

Citizens only may take fish for sale 26 54 

Exceptions to above 27 58 

Corrupting waters containing fish 24 48 

Explosives, use of prohibited 24 48 

Fishways to be provided 25 49 

Fishways, taking fish near, unlawful 25 49 

Game fish, sale prohibited 94 213 

Game fish or game, when sale is permitted 94 212 

Garfield and Columbia counties 98 226 

Implanted food fishes, when cannot be taken 94 214 

Justices of the peace, jurisdiction of 26 52 

Officers may search for game fish 83 188 

Propagation, taking for lawful -. 26 53 

Silver Lake, Cowlitz county, fishing season 99 230 

Sawdust, etc., casting into stream unlawful 25 50 

Screens at head of canals, ditches and flumes 8 20 

Screen, penalty for failure to erect 9 21 

Stocked streams, unlawful to fish in 84 190 

Sturgeon, closed season 18 39 

Sturgeon, Chinese lines, use of prohibited 19 41 



index to Subjects 113 

Page. Par. 

Sturgeon, young, protection of 19 40 

Trout, closed season 94 214 

Trout, closed season in certain counties 97 222 

Trout, number which may be taken 97 224 

Trout, minimum size to be taken 97 223 

Trout, when may be taken in Chelan county 98 227 

Trout, penalty for unlawfully taking in Chelan county. 98 228 

Trout, when unlawful to take in Olympia harbor 28 60 

Trout, in what territory prohibited 28 60 

Trout, to be taken with hook and line only 95 215 

Trout, possession of out of season, effect, of 95 216 

Trout, penalty 95 217 

Trout, unlawful possession of 83 188 

Trout, unlawful to sell or purchase 94 213 

GAME WARDENS. 

Authority of 68 148 

Duty of 67 147 

Chief deputy state game warden, appointment of 66 144 

Chief deputy state game warden, duty of 66 144 

Chief deputy state game warden, salary of . 66 144 

County game wardens, appointment of 66 145 

County game wardens, salary of 66 145 

County game wardens, powers of 67 146 

County game wardens, expenses of 65 143 

State game warden, office created 65 140 

State game warden, duties and powers of 65 141 

State game warden, reports of 65 142 

OYSTERS. 

Dredging for, when unlawful 56 116 

Dredging for, penalty 56 117 

Dredging for, rules prescribed by Fish Commissioner.. 107 ... 

Fish Commissioner may dredge for discovery of 62 135 

Fish Commissioner may permit others to dredge under 

rules prescribed by him 62 135 

How gathered, penalty 56 115 

Open season for gathering 57 118 

Personal property, when, penalty for unauthorized 

taking 53 109 

Penalty for removal without authority 55 112 

Penalty for unlawful gathering 57 119 

Planter's right to ; . . 53 109 

Planting does not give prior or exclusive right to pur- 
chase or lease 54 111 



114 Index to Subjects 

Page. Par. 

Small, to be returned to bed, penalty 55 114 

Unexplained possession, effect of 55 113 

Sale of prohibited, when 58 122 

Sale of prohibited, when 58 123 

OYSTER BEDS. 

Right of discoverer to 52 105 

Time allowed in which to remove from 53 107 

Penalty for gathering from beds discovered by others . . 52 106 

Word "persons" in act relating to, construed 53 108 

OYSTER LANDS, LEASE. 

Abandonment of, entitled to lease other lands, when ... 62 134 

Application for, how made 59 127 

Application must describe location 60 129 

Application must not exceed 40 acres 61 130 

Conditions of, forfeiture 61 131 

Construction of act relating to 61 132 

Prior right to 59 126 

Term of, rental, new application 60' 128 

Survey and description of lands covered by, to be re- 
corded : 62 133 

What lands subject to 59 125 

SPECIAL PROVISIONS RELATIVE TO JEFFERSON 
COUNTY RESERVES. 

Appropriation 64 139 

Appraisement, re-survey and classification 63 136 

General laws not affected 63 138 

Sale at auction 63 137 

STATE OYSTER COMMISSION, OYSTER FUND AND 

LICENSE FEES. 

License fee 51 102 

License, application for 50 99 

License, granting of 51 100 

License, number of sacks to be taken under 49 99 

License, time seed may be taken 49 99 

Sack, definition of 51 101 

Sacks, price for 50 99 

Oyster fund . . 51 103 

Penalty . 52 104 

State Oyster Commission, creation of 47 92 

State Oyster Commission, duties and powers of 48 96 

State Oyster Commission, granting of licenses by 49 99 



Index to Subjects 115 

Page. Par. 

State Oyster Commission, Meetings of 47 94 

State Oyster Commission, quorum 47 95 

State Oyster Commission, reserves established by, re- 
served from sale or lease 49 97 

State Oyster Commission, secretary and records of . . . . 47 93 

SALMON, REGULATIONS FOR CATCHING. 

Closed season, Columbia river and tributaries 17 38 

Closed season, Grays Harbor and tributaries 16 38 

Closed season, Pugent Sound and tributaries 14 37 

Closed season, Willapa Harbor and tributaries 16 38 

Closed season, Skagit, Snohomish and Duwamish rivers 13 34 

Closed season, Snake river 17 38 

Closed season, other rivers 18 38 

License 20 42 

License fees for fishing appliances 29 62 

License fees for canneries 43 84 

License fees for catch, per thousand fish 30 62 

License fees for buying, packing, etc 31 64 

License fees for buying in Grays Harbor district 32 64 

License fees for buying by boat or scow 30 62 

License fees for retail dealers 31 64 

License, citizens only may procure 20 42 

License, failure to obtain, misdemeanor 36 66 

License, how issued 20 42 

License number to be placed on boats 22 43 

License number to be placed on traps 21 43 

License, transfer of 21 42 

Drag seine locations, how made 35 65 

Fish trap or pound net locations need not be marked by 

piles on Puget Sound 34 65 

Fish trap or pound net locations in Columbia river, Wil- 
lapa and Grays Harbors to be indicated by piles .... 35 65 

Mouths of rivers, establishment 13 34 

Nets, size, lead and passageways 23 45 

Pound nets, traps, etc., how constructed 35 65 

Pound nets, traps, etc., lights displayed on 22 43 

Pound nets, traps, etc., abandonment of 31 63 

Puget Sound defined 24 46 

Rivers and Deception Pass — certain fishing gear pro- 
hibited 13 34 

Salmon, definition of 38 71 

Salmon, Fish Commissioner or U. S. Officer may take 

for propagating 38 72 

Salmon, taking near fish rack prohibited 28 59 



116 Index to Subjects 

Page. 

Salmon, young must be returned to water 24 

Salmon cans labeled 41 

Salmon packages containing cured salmon — bow marked 41 

Salmon packages containing fresb salmon — bow marked 42 

Fisb from otber states marked 42 

Set net locations, bow made 35 

Set nets, length and construction in Puget Sound 22 

Survey and map of set net, pound net or trap locations 33 
Set net, pound net or trap locations, mortgage, sale and 

transfer of 34 

Set net, pound net or trap locations, piles and structures 

to be removed from 35 

Set nets, wben not unlawful 37 

Terms defined 38 

Streams may be closed by notice 37 

Screens on irrigating ditcbes, etc 8 



'12 



